Law at Work: Studies in Legal Ethnomethods

Hardcover | July 29, 2015

EditorBaudouin Dupret, Michael Lynch, Tim Berard

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The studies in this volume use ethnographic, ethnomethodological, and sociolinguistic research to demonstrate how legal agents conduct their practices and exercise their authority in relation to non-expert participants and broader publics. Instead of treating law as a body of doctrines, or lawand society as a relationship between legal institutions and an external society, the studies in this volume closely examine law at work: specific legal practices and social interactions produced in national and international settings. These settings include courtrooms and other tribunals,consultations between lawyers and clients, and media forums in which government officials address international law. Because law is a public institution, and legal actions are publicly accountable, technical law must interface with non-expert members of the public. The embodied actions andinteractions that comprise the interface between professional and lay participants in legal settings therefore must do justice to legal traditions and statutory obligations while also contending with mundane interactional routines, ordinary reasoning, and popular expectations. Specific chapters examine topics such as family disputes in a system of Sharia Law; rhetorical contestations about possible violations of international law during a violent conflict in the Middle-East; the transformation of a courtroom hearing brought about by the virtual presence of remotewitnesses relayed through a video link; the practices through which written records are used to mediate and leverage a witness's testimony; and the discursive and interactional practices through which authorized parties use legal categories to problems with individual conduct. Each chapter showsthat it makes a profound difference to the way we understand the law when we examine its meaning and application in practice.

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The studies in this volume use ethnographic, ethnomethodological, and sociolinguistic research to demonstrate how legal agents conduct their practices and exercise their authority in relation to non-expert participants and broader publics. Instead of treating law as a body of doctrines, or lawand society as a relationship between legal...

Baudouin Dupret is Research Director at French National Centre for Scientific Research. Michael Lynch is a Professor of Science and Technology Studies at Cornell University. Tim Berard is an Associate Professor of Sociology at Kent State University.
Format:HardcoverDimensions:320 pages, 9.29 × 6.3 × 0.98 inPublished:July 29, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0190210249

ISBN - 13:9780190210243

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Table of Contents

Baudouin Dupret, Michael Lynch, and Tim Berard: Introduction: Law at WorkSection I. Practical Action, Situated Interaction, and the Salience of LawThe Editors: 1. Baudouin Dupret and Jean-Noel Ferrie: The Practical Grammar of Law and Its Relation to Time2. Luisa Zappulli and Karen Latricia Hough: Aspiring Magistrates: Entry Exams and General Traineeship at the Court of Lecce3. Pedtro Heitor Barros Geraldo: Practical Solutions: Praxiologial Analysis of Judgments in Civil HearingsSection II. Practical Pedagogies in the Performance of Legal ActivitiesThe Editors: Introduction to Section II4. Shiro Kashimura: Hearing Clients' Talk as Lawyers' Work: The Case of Public Legal Consultation Conference5. Kenneth Liberman: Producing Records of Testimony: Some Competent Legal Methods for Incompetent TrialsSection III. Speech, Text, and Technology in TestimonyThe Editors: Introduction to Section III6. Renata Galatolo: Reporting Talk When Testifying: Intertextuality, Consistency and Transformation in Witnesses Use of Direct Reported Speech7. Michael Lynch: Turning a Witness: The Textual and Interactional Production of a Statement in Adversarial Testimony8. Christian Licoppe and Laurence Dumoulin: "Is there someone in my videoconference room?" Managing Remote Witnesses in Distributed CourtroomsSection IV. Deviance, Membership Categories, and LegalitiesThe Editors: Introduction to Section IV9. Tim Berard: Hate Crimes, Labels, and Accounts: Pragmatic Reflections on U.S. Hate Crimes10. Stephen Hester and Sally Hester: Descriptions of Deviance: Making the Case for Professional Help11. Lena Jayyusi: Discursive Cartographies, Moral Practices: International Law and the Gaza War