Scheffer-etal2010
| Scheffer-etal2010 | |
|---|---|
| BibType | BOOK |
| Key | Scheffer-etal2010 |
| Author(s) | Thomas Scheffer, Kati Hannken-Illjes, Alexander Kozin |
| Title | Criminal Defence and Procedure |
| Editor(s) | |
| Tag(s) | EMCA, Procedural Justice, Legal Rule, Defense Lawyer, Conversation Analysis, Procedural Regime, Ethnomethodology |
| Publisher | Palgrave Macmillan |
| Year | 2010 |
| Language | English |
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| Pages | |
| URL | Link |
| DOI | 10.1057/9780230283114 |
| ISBN | 978-1-349-31124-8 |
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Abstract
In this book we would like to offer a comparative ethnomethodological study of the criminal defense work in three legal settings: German, American (US), and English. The study is based on the programmatic ethnomethodological premise that in order to fully understand how lawyers work, one needs to examine all the law-relevant activities (for example, dealing with the client, identifying, selecting, and assembling paperwork in the file, conducting interviews, and carrying out arguments in the court) in the course of their procedural path. Importantly, while law-relevant activities are defined in terms of case-making, procedure serves as the condition for the possibility of making a case in the first place. Thus, we presume that by examining case-making, we can understand procedure and its effects on the administration of justice, which in the case of ethnomethodology means “doing law”. With the latter emphasis, this study joins a growing area of law-in-action. As an emergent subdiscipline of the sociology of law, law-in-action does not show clearly delineated boundaries, demanding that we begin by first explaining the law-in-action program and second establishing its operational relation to ethnomethodology.
Notes
