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Legal Rules in Practice: In the Midst of Law's Life

Legal Rules in Practice: In the Midst of Law's Life

Author: Baudouin Dupret; Julie Colemans; Max Travers
Publisher: Routledge
ISBN: 9780367495909

Published In: December 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9780367495930

List Price: HKD 1,690.00

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Description
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Understanding legal rules not as determinants of behavior but as points of reference for conduct, this volume considers the ways in which rules are invoked, referred to, interpreted, put forward, or blurred. It also asks how both legal practitioners and lay participants conceive of and participate in the construction of facts and rules, and thus, through decisions, defenses, pleas, files, evidence, interviews and documents, actively participate in law’s life. With attention to the formulation of notions such as person, evidence, intention, cause and responsibility in the course of legal practices, Legal Rules in Practice provides the outlines of a praxiological anthropology of law – an anthropology that focuses on words, concepts and reasoning as actively used to solve conflicts with the help of legal rules. As such, it will appeal to sociologists, anthropologists and scholars of law with interests in ethnomethodology, rule-based conduct and practical reasoning.

Introduction: legal rules in practice: an exploration into law’s life

B. Dupret, J. Colemans, and M. Travers

1. Ruleness

F. Schauer

Part 1: Ruleness and its relativity

2. No rule for the application of rules

M. Constable and L.R. Meyer

3. The structure of the legal system and the emergence of the state

M. Troper

4. Equality, hierarchy, and the place of rules

P. Dresch

5. Laws and proverbs: the making and unmaking of moral rules in historic Tibet