Difference between revisions of "Travers2020"

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|Publisher=Routledge
 
|Publisher=Routledge
 
|Year=2020
 
|Year=2020
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|Language=English
 
|Booktitle=Legal Rules in Practice: In the Midst of Law's Life
 
|Booktitle=Legal Rules in Practice: In the Midst of Law's Life
 
|Pages=163–181
 
|Pages=163–181

Revision as of 11:21, 28 November 2021

Travers2020
BibType INCOLLECTION
Key Travers2020
Author(s) Max Travers
Title Craft Skills and Legal Rules: How Australian Magistrates Make Bail Decisions
Editor(s) Baudouin Dupret, Julie Colemans, Max Travers
Tag(s) EMCA, Courtroom, Legal, Law, Ethnomethodology, Australian
Publisher Routledge
Year 2020
Language English
City
Month
Journal
Volume
Number
Pages 163–181
URL
DOI 10.4324/9781003046776-11
ISBN 978-1-00-304677-6
Organization
Institution
School
Type
Edition
Series
Howpublished
Book title Legal Rules in Practice: In the Midst of Law's Life
Chapter

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Abstract

This paper pursues an ethnomethodological approach in describing the work of magistrates making bail decisions in Australian lower courts. Because researchers are committed to examining the practical nature of occupational work, this approach has potential to provide a detailed account of rule-use in legal settings. It will be shown how magistrates employ and are permitted to employ considerable discretion when working within bail legislation, and in interpreting legislation. This account of legal work is relevant to long-standing debates about rule skepticism and formalism; and to policy debates that seek to limit judicial discretion.

Notes