Logo image
If Lived Experience Could Speak: A Method for Repairing Epistemic Violence in Law and the Legal Academy
Journal article   Open access

If Lived Experience Could Speak: A Method for Repairing Epistemic Violence in Law and the Legal Academy

Terrell Carter and Rachel Lopez
Minnesota law review, v 109(1)
01 Jan 2024
url
https://doi.org/10.24926/265535.4223View
Published, Version of Record (VoR) Open Open Access (License Unspecified)

Abstract

Government & Law Law Social Sciences
Terrell Carter grew up only a stone's throw from Drexel University, the institution of higher learning where the other coauthor of this Article, Rachel Lopez, would find her academic home years later. Even as a child, Terrell remembers feeling like other institutions that were miles away, like State Correctional Institution Graterford where he would spend most of his adult life, were much more proximate. Paradoxically, he would later come to learn that behind the walls of institutions like Drexel, academics like Rachel would develop ideas and theory that would shape his fate and define his existence behind other walls. Through Participatory Law Scholarship (PLS)-legal scholarship written in collaboration with those without formal legal training, but expertise in law's injustice through lived experience-Terrell and Rachel seek to dismantle the walls upon walls that divide the ideals of law from the lived experience of it. Building from the experience of coauthoring Redeeming Justice, their award-winning article that contributed to the liberation of Terrell less than a year after its publication, this Article explores the role that participatory methods in legal scholarship can play in repairing the epistemic harm done by law and by academics to the most marginalized in our society. PLS does this by centering experiential knowing as a source of legal expertise so that those for whom the law is most consequential can see themselves reflected in it and know that they are and can be a part of the making of legal meaning. PLS strives to ensure that people who are formally educated in the law are not the only ones who are able to engage in legal scholarship and the development of legal theory. This approach to legal scholarship is grounded in the belief that the experience of being marginalized by the law uniquely positions someone to critique it. Ultimately, PLS seeks to democratize knowledge production by validating alternative ways of knowing what the law is and what changes are needed for it to realize its full potential.

Metrics

Details

UN Sustainable Development Goals (SDGs)

This publication has contributed to the advancement of the following goals:

#3 Good Health and Well-Being
#16 Peace, Justice and Strong Institutions

Source: SDGs in the Output

InCites Highlights

Data related to this publication, from InCites Benchmarking & Analytics tool:

Web of Science research areas
Law
Logo image