Ludic Legal Pedagogy: Mooting in Early Modern England
摘要
This chapter argues that modelling knowledge as play—that is to say, as an affective, sensory and embodied experience of making together—can help us illuminate the culture of legal knowledge in early modern England. A crucial mode of knowing law in early modern England involved knowing how to plead. This knowledge was acquired by participation in mooting exercises in the Inns of Court, which were based on the process of oral pleading as a serjeant in the Court of Common Pleas. The chapter focuses on the pedagogy of mooting, paying special attention to its playful aspects. It is argued that the playful dimensions of mooting prepared future serjeants to be able to participate in the highly inventive, interactive and communal art that was pleading, and one that involved the affective, sensory and embodied practice of ethical and political judgement. The chapter illustrates this argument with an example of a fourteenth-century moot.