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The Making of Law - An Ethnography of the Conseil d'Etat (Hardcover)
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The Making of Law - An Ethnography of the Conseil d'Etat (Hardcover)
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In this book, Bruno Latour pursues his ethnographic inquiries into
the different value systems of modern societies. After science,
technology, religion, art, it is now law that is being studied by
using the same comparative ethnographic methods. The case study is
the daily practice of one of the French supreme court, the Conseil
d'Etat, specialized in administrative law (the equivalent of the
Law Lords in Great Britain). Even though the French legal system is
vastly different from the Anglo-American tradition, it just happens
that this branch of French law, although created by Napoleon
Bonaparte at the same time as the Code-based system, is the result
of a home grown tradition constructed on precedents. Thus, even
though highly technical, the cases that forms the matter of this
book, are not so exotic for an English speaking audience. What
makes this study an important contribution to the social studies of
law is that, because of an unprecedented access to the collective
discussions of judges, Latour has been able to reconstruct in
details the weaving of legal reasoning : it is clearly not the
social that explains the law, but the legal ties that alter what it
is to be associated together. It is thus a major contribution to
Latour's social theory since it is now possible to compare the ways
legal ties build up associations with the other types of
connections that he has studied in other fields of acticity. His
project of an alternative interpretation of the very notion of
society has never been made clearer than in this work. To reuse the
title of his first book, this book is in effect the Laboratory Life
of Law.
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