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

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

Edited by Baudouin Dupret · Julie Colemans · Max Travers
Routledge December 2020

Specifications

ISBN-13
9780367495909
Publisher
Routledge
Publication
December 2020
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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.

Table of Contents

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
F. Pirie
Part 2: Materiality, artefactuality and idiosyncrasy of legal practices
6. Reading case files: the material organization of cases and the work of judges
J.-M. Weller
7. Verbatim records and the testing ceremony: on the production of decidability in German asylum hearings
T. Scheffer
8. Craft skills and legal rules: how Australian magistrates make bail decisions
M. Travers
9. Vernacular visions of viral videos: speaking for evidence that speaks for itself
M. Lynch
Part 3: Meaning and emotions in legal interpretation
10. Time to agree? Rules, agreements and consent judgements in a Belgian family court
B. Truffin
11. Law, emotions and categorizations: lightning a judicial blind spot: on the role of emotions inside the magistrate’s decision making
J. Colemans
12. Playing by the rules: the search for legal grounds in homosexuality cases -Indonesia, Lebanon, Egypt, Senegal
B. Dupret et al.
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