Adjudication in Action: An Ethnomethodology of Law, Morality by Baudouin Dupret

By Baudouin Dupret

Adjudication in motion describes the ethical measurement of judicial actions and the judicial method of questions of morality, gazing the contextualized deployment of varied practices and the actions of various those who, in numerous capacities, locate themselves concerned with institutional judicial area. Exploring the style within which the enactment of the legislation is morally complete, and the way sensible, felony cognition mediates and modulates the remedy of situations facing sexual morality, this ebook bargains a wealthy, praxeological learn that engages with 'living' legislation because it unfolds in motion. encouraged via Wittgenstein's later notion and interesting with fresh advancements in ethnomethodology and dialog research, Adjudication in motion demanding situations methods that lessen the legislations to mere provisions of a criminal code, providing in its place an realizing of legislations as a source that stands wanting contextualization. during the shut description of people's orientation to and reification of criminal different types in the framework of institutional settings, this booklet constitutes the 1st finished research of legislations in context and in motion

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

Example text

It is therefore a consensual type of law, called upon to replace state law. Habermas’s theory of communicational rationality is the outcome of an evolution towards the proceduralization of relations between law and morality. In that sense, it empties law of all moral normativity. It nevertheless operates through substitution: in the framework of pluralistic societies, where there can be no agreement on a substantive moral good, it is at least necessary to put in place a procedure through which the confrontation of opposite opinions may result in a decision.

And even in the case of law as a product of social intentions, although it is clear that certain parts of the law were developed in order to fulfil functions (although they were never able to be completely effective in that task), it is equally clear that other sections of the law were not created in this way. Just as it is unlikely that the consumption of pork was prohibited for reasons of hygiene, it is unlikely that adultery was prohibited solely in order to preserve family harmony. Legal pluralism has also shown itself to be heavily essentialist and culturalist.

In fact, what must be challenged is the very propensity to theorize. ’ (Sharrock and Watson, 1988: 59) Geertz’s interpretivist culturalism is certainly not the paradigm that could enable such an investigation, as long as it postulates the constraint of a preexisting cultural order to which people conform, which would leave social scientists only the task of discovering the key word that can “epitomize” this cultural order, rather than observing practices and inferring the ways people orient to the multiple constraints of the necessarily local contexts in which they (inter)act.

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