Baudouin Dupret's Adjudication in Action: An Ethnomethodology of Law, Morality PDF

By Baudouin Dupret

ISBN-10: 1409431517

ISBN-13: 9781409431510

Adjudication in motion describes the ethical measurement of judicial actions and the judicial method of questions of morality, looking at the contextualized deployment of assorted practices and the actions of numerous those who, in several capacities, locate themselves concerned with institutional judicial house. Exploring the style during which the enactment of the legislations is morally entire, and the way functional, criminal cognition mediates and modulates the remedy of circumstances facing sexual morality, this e-book deals a wealthy, praxeological examine that engages with 'living' legislation because it unfolds in motion. encouraged by way of Wittgenstein's later concept and fascinating with fresh advancements in ethnomethodology and dialog research, Adjudication in motion demanding situations ways that lessen the legislations to mere provisions of a felony code, proposing as an alternative an figuring out of legislation as a source that stands short of contextualization. throughout the shut description of people's orientation to and reification of felony different types in the framework of institutional settings, this publication constitutes the 1st complete examine of legislation in context and in motion

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Additional info for Adjudication in Action: An Ethnomethodology of Law, Morality and Justice (Directions in Ethnomethodology and Conversation Analysis)

Example text

Rather, it is something that is continually being produced, reproduced, negotiated; it is something to which the members of any social group orient on specific occasions and in context (cf. also Sharrock and Anderson, 1982). The praxeological respecification of the question of law, morality, and the relations between them consists first and foremost of emphasizing that the social sciences do not have the means of defining law and morality outside of what people say and do when they orient towards something that they identify as law or morality.

The narrative model makes it possible to resituate legal judiciary activity in the wider context where the determination of facts, their qualification, and the choice of the applicable rule are the object of tacit moral evaluations that respond very loosely to the actors’ social and psychological information, and therefore to a common sense that they share with the lay people. Further, the typification of judicial pragmatics restores the fundamental dimension of action and interaction in the creation and transformation of norms, which incites us to see moral references not as an intangible essence, but rather, among other things, as a modality borne by the actors as they carry out their performance.

There are therefore “general and fundamental maxims of law”, which may not enjoy the status of rules, and yet provide a legal basis for the judge’s decision. In this way, law is made up of various normative components, with principles that are ultimately, according to Ricoeur (1995: 170), ethical-legal in nature. These principles are not univocal in and of themselves and, in consequence, must be interpreted. They have a weight and appropriateness that must be evaluated every time. In sum, Dworkin’s theory emancipates law from the condition that it be issued by a legitimate authority, takes into consideration legal practice as it has unfolded historically, and situates law on a political horizon; in this way, it brings morality back home as an instance of the legal.

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Adjudication in Action: An Ethnomethodology of Law, Morality and Justice (Directions in Ethnomethodology and Conversation Analysis) by Baudouin Dupret

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