Deliberation can wait: How civic litigation makes inquiry critical

Abstract

ABSTRACT Scholars of citizenship education have long regarded deliberation as the default framework for democratic discussion in the classroom and beyond. Turning to the history and theory of rhetoric, we question why the deliberative model of the Athenian assembly has been developed for social studies pedagogy without including the litigative discourse of the Athenian courts. In response, we offer civic litigation, a discursive framework that recasts public controversies from a pro vs. con to an accusation vs. defense format. By examining the role of civic litigation in a historical case study from the 1960s Black civil rights movement, along with three inquiry-based lessons concerning contemporary controversies, we argue that civic litigation plays a crucial role in the effort to make inquiry-based instruction critical when it addresses issues of injustice.