Adversarial Case-Making
Author | : Thomas Scheffer |
Publisher | : BRILL |
Total Pages | : 326 |
Release | : 2010-09-24 |
ISBN-10 | : 9789004187504 |
ISBN-13 | : 9004187502 |
Rating | : 4/5 (04 Downloads) |
Download or read book Adversarial Case-Making written by Thomas Scheffer and published by BRILL. This book was released on 2010-09-24 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cases are not objects at hand for legal decision-making; cases are not echoes from a past crime. Cases are, first of all, made within compound discourse apparatus, here the English Crown Court and the procedure/s attached to it. This book reveals the legal production of cases including their relevant features. The socio-legal ethnography visits the natural sites of adversarial case-making: law firms, barristers’ chambers, and Crown Courts. It examines the role and dynamics of client-lawyer meetings, pre-trial hearings, plea bargaining sessions, and jury trials. It focuses on the lawyers’ case-making activities, their procedural contexts, and the resulting cases. As an ethnographic discourse study, the book develops a trans-sequential perspective on the interrelated events and processes of case-making – and by doing so, overcomes the shortcomings of talk-bias and text-bias. The trans-sequential approach pays out in detailed case studies on an alibi, on guilt, or the barrister’s notes; it pays out as well in cross-case studies dealing with legal care, procedural infrastructure, or the case system in the common law tradition.