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The Analysis of Legal Cases - A Narrative Approach (Hardcover)
Loot Price: R3,920
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The Analysis of Legal Cases - A Narrative Approach (Hardcover)
Series: Law, Language and Communication
Expected to ship within 12 - 17 working days
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This book examines the roles played by narrative and culture in the
construction of legal cases and their resolution. It is articulated
in two parts. Part I recalls epistemological turns in legal
thinking as it moves from theory to practice in order to show how
facts are constructed within the legal process. By combining
interdisciplinary paradigms and methods, the work analyses the
evolution of facts from their expression by the client to their
translation within the lawyer-client relationship and the
subsequent decision of the judge, focusing on the dynamic activity
of narrative construction among the key actors: client, lawyer and
judge. Part II expands the scientific framework toward a
law-and-culture-oriented perspective, illustrating how legal
stories come about in the fabric of the authentic dimensions of
everyday life. The book stresses the capacity of laypeople, who in
this activity are equated with clients, to shape the law, dealing
not just with formal rules, but also with implicit or customary
rules, in given contexts. By including the illustration of cases
concerning vulnerable clients, it lays the foundations for
developing a socio-clinical research programme, whose aims
including enabling lay and expert actors to meet for the purposes
of improving forms of collective narrations and generating more
just legal systems.
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