Describing difference or explaining it?

Troublesome knowledge and comparative reasoning in a short-format teaching context

Authors

  • Wesley Maraire University of Copenhagen

DOI:

https://doi.org/10.15845/norsotl.5102

Keywords:

SoTL (Scholarship of Teaching and Learning), troublesome knowledge, comparative legal education, socio-legal pedagogy, comparative reasoning

Abstract

Teachers across disciplines ask students to perform conceptual operations they seldom state, and short-format teaching rarely yields the evidence SoTL conventionally expects. I reflect on a ninety-minute online guest lecture delivered within a Comparative Political Institutions course at a Dutch university. The session compared constitutional election disputes in Zimbabwe and Malawi and aimed to move students from descriptive case comparison toward explanatory reasoning about judicial institutions and political context. Although students engaged actively and correctly identified doctrinal differences between the two judgments, the explanatory connections I anticipated were absent from the discussion. Reading the episode through Meyer and Land's account of troublesome knowledge, I suggest that the step from describing difference to explaining it remains tacit, held within a scholarly community and seldom stated to students entering it. I present this as an interpretive possibility raised by the experience and not as a finding. Finally, I also weigh what making such conceptual demands explicit might cost as well as offer.

References

Berenson, C. (2018). Identifying a tradition of inquiry: Articulating Research Assumptions. In Chick, N.L. (Ed.), SoTL in Action: Illuminating critical moments of practice (pp. 42–52). Routledge.

Bishop-Clark, C., & Dietz-Uhler, B. (2012). Engaging in the scholarship of teaching and learning: A guide to the process, and how to develop a project from start to finish. Stylus.

Nelson Chamisa v. Emmerson Dambudzo Mnangagwa & 24 Others, CCZ 21/19 (Constitutional Court of Zimbabwe 2019).

Chilima & Another v. Mutharika & Another, Constitutional Reference No. 1 of 2019 (High Court of Malawi sitting as the Constitutional Court, 2020).

Felten, P. (2013). Principles of good practice in SoTL. Teaching and Learning Inquiry, 1(1), 121–125. https://doi.org/10.2979/teachlearninqu.1.1.121

Leering, M. (2014). Conceptualizing reflective practice for legal professionals. Journal of Law and Social Policy, 23, 83–106. https://doi.org/10.60082/0829-3929.1191

Margolis, E. (Ed.). (2001). The hidden curriculum in higher education. Routledge.

Meyer, J. H. F., & Land, R. (2003). Threshold concepts and troublesome knowledge: Linkages to ways of thinking and practicing within the disciplines. In C. Rust (Ed.), Improving student learning: Theory and practice: 10 years on (pp. 412–424). Oxford Centre for Staff and Learning Development.

Meyer, J. H. F., & Land, R. (2005). Threshold concepts and troublesome knowledge (2): Epistemological considerations and a conceptual framework for teaching and learning. Higher Education, 49(3), 373–388. https://doi.org/10.1007/s10734-004-6779-5

Schön, D. A. (1983). The reflective practitioner: How professionals think in action. Basic Books.

Siems, M. (2014). Comparative law. Cambridge University Press.

Snyder, B. R. (1970). The hidden curriculum. MIT Press.

Twining, W. (2004). Diffusion of Law: A Global Perspective. The Journal of Legal Pluralism and Unofficial Law, 36(49), 1–45.

Wiratraman, H. P. (2019). The challenges of teaching comparative law and socio-legal studies at Indonesia's law schools. Asian Journal of Comparative Law, 14(S1), S229–S244. https://doi.org/10.1017/asjcl.2019.15

Downloads

Published

2026-10-14

How to Cite

Maraire, W. (2026). Describing difference or explaining it? Troublesome knowledge and comparative reasoning in a short-format teaching context. Norsk Tidsskrift for Scholarship of Teaching and Learning, 1. https://doi.org/10.15845/norsotl.5102

Issue

Section

Thinking Piece