Geraldo2015
| Geraldo2015 | |
|---|---|
| BibType | INCOLLECTION |
| Key | Geraldo2015 |
| Author(s) | Pedtro Heitor Barros Geraldo |
| Title | Practical solutions: praxiologial analysis of judgments in civil hearings |
| Editor(s) | Baudouin Dupret, Michael Lynch, Tim Berard |
| Tag(s) | Ethnomethodology, Law |
| Publisher | Oxford University Press |
| Year | 2015 |
| Language | English |
| City | New York |
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| Pages | 63–83 |
| URL | Link |
| DOI | 10.1093/acprof:oso/9780190210243.003.0004 |
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| Howpublished | |
| Book title | Law at Work: Studies in Legal Ethnomethods |
| Chapter | |
Abstract
This chapter analyzes how judges make decisions in civil hearings in France, grounded on observations made in Sète District Court in Southern France. The ethnomethodological analysis reveals how the institutional and lay participants’ actions shape the structure of interactions. The act of judging, or choosing a solution for each case, is interactional and context shaped, because its meaning is grasped in the moment of its production. The skills displayed by the judge in the cases include cooperation and anticipation of forthcoming procedures. In addition, the author suggests that the hearings are loosely structured, in a manner related to interactional contingencies, leading to mutual understanding of the practical meanings of legal categories in each context. The practical solution to a legal problem is connected to the practical consequences of a legal rule, which is evaluated, selected, and applied so as to solve the legal problem in its practical context.
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