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Borderlines in Private Law

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Lord Denning: Life, Law and Legacy



  


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Law in Action


ISBN13: 9781840140781
ISBN: 184014078X
Published: April 2000
Publisher: Routledge
Format: Hardback
Price: £120.00



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This collection of essays aims to introduce the research questions pursued by ethnomethodologists and conversation analysts. Ethnomethodology and conversation analysis offer a distinctive approach towards the study of law and legal institutions, throught their focus on everyday talk and action, and the detailed content of occupational activities. Ethnomethodological ethnographers, in what has become known as the studies-of-work tradition, have studied the ""practical reasoning"" constituting different varieties of legal work. Conversation analysts, employing a research methodology which is based upon the analysis of audio-recordings of naturally occuring interaction, have examined how the day-to-day business of legal settings is conducted through everyday talk.;Both approaches are distinctive in that they offer a re-specification of political and philosophical debates about law, through examining the practical actions which accomplish law as a social phenomenon.

Contents:
Introduction - ethnology, conversation analysis and the sociology of law, John F. Manzo.
Part 1 Exemplary studies: introduction to part 1, Max Travers; practical sociological reasoning - some features in the work of the Los Angeles Suicide Prevention Centre, Harold Garfinkel; the lawyer's work, Harvey Sacks; contested evidence in courtroom cross-examination - the case of a trial for rape, Paul Drew; the presentation of victim and motive in discourse - the case of police interrogations and interviews, Rod Watson; preliminary notes on judges' work - the judge as a constituent of courtroom ""hearings"", Michael Lynch.
Part 2 Contemporary contributions: introduction to part 2, Max Travers; ""I'm sorry we had to meet under these circumstances"" - verbal artistry (and wizardry) in the Kennedy Smith rape trial, Gregory Matoesian; record-keeping practices in the policing of juveniles, Albert K. Meehan; on the sociology of justice - theoretical notes from an actual jury deliberation, Douglas W. Maynard and John F. Manzo; remorse, redress and reform - blame-taking in the courtroom, Martha Komter; practising law - a study of pedagogic interchange in a law school classroom, Stacy Burns.