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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 law and 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 and interactions 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 remote witnesses 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 shows that it makes a profound difference to the way we understand the law when we examine its meaning and application in practice.
This volume investigates how legal agents perform their professional duties through the lens of ethnomethodology and ethnographic observation. The authors, including Baudouin Dupret and Michael J. Lynch, challenge the traditional view of law as a static body of doctrine. Instead, they present a framework that treats law as a series of situated social practices, examining how legal professionals negotiate the interface between technical requirements and ordinary interactional routines.
What You Will Find
Scope Limits
Scholars in the field of language and law identify this work as a significant contribution to the study of legal interactionism. Readers frequently note the academic density of the prose, which requires a foundational understanding of ethnomethodological concepts to fully grasp the analytical arguments presented.
Page Count:
319
Publication Date:
2015-01-01
Publisher:
Oxford University Press
ISBN-10:
0190272902
ISBN-13:
9780190272906
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