Setting the Argument

Abstract

This article details an assignment that provides students opportunities to develop critical thinking skills native to the process of what it means to “think like a lawyer.” By asking students to map and compose a narrative about a contested public issue that describes the issue’s various dimensions (social, cultural, political, legal, economic) and how they interact to animate the issue as a matter of public concern, the assignment invites students to reimagine their roles as authors and see themselves as having the capacity to assemble and set a problem for analysis and deliberation rather than accept a problem as pre-structured. While completing the assignment, students witness firsthand the constitutive nature of the structure of legal discourse and the intra-operations of the distinct facets of legal critical thinking. Through explaining the assignment’s design and rationale, this article demonstrates how writing assignments that emphasize problem setting prepares students well to navigate the transition to law school and ultimately begin laying the grounds for successful professional careers.