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The Analysis of Legal Cases: A Narrative Approach

The Analysis of Legal Cases: A Narrative Approach

Author: Flora Di Donato
Publisher: Routledge
ISBN: 9780415788939
Published In: July 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This book examines the roles played by narrative and culture in the construction of legal cases and their resolution. It is articulated in two parts. Part I recalls epistemological turns in legal thinking as it moves from theory to practice in order to show how facts are constructed within the legal process. By combining interdisciplinary paradigms and methods, the work analyses the evolution of facts from their expression by the client to their translation within the lawyer-client relationship and the subsequent decision of the judge, focusing on the dynamic activity of narrative constuction among those key actors: client, lawyer and judge. Part II expands the scientific framework toward a law-and-culture-oriented perspective, illustrating how legal stories take shape in the fabric of the authentic dimensions of everyday life.

The book stresses the capacity of laypeople, who in this activity are equated with clients, to shape the law, dealing not just with formal rules, but also with implicit or customary rules, in given contexts. By including the illustration of cases concerning vulnerable clients, it lays the foundations for developing a socio-clinical research programme, whose aims including enabling lay and expert actors to meet for the purposes of improving forms of collective narrations and generating more just legal systems.

Foreword by Colette Daiute and Ann Shalleck

Introduction

PART I Theoretical and methodological frameworks

Culture, narrative and law

The narrative turn in the legal field

Fact-finding: contexts, roles and methods

PART II Trajectories of cases analysis

Section I - Fact-construction

Rediscovering the role of the client

The lawyer as translator

The judge as a creative decision maker

Section II - Narratives in cultural contexts