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Cases are not objects at hand for legal decision-making; cases are
not echoes from a past crime. Cases are, first of all, made within
compound discourse apparatus, here the English Crown Court and the
procedure/s attached to it. This book reveals the legal production
of cases including their relevant features. The socio-legal
ethnography visits the natural sites of adversarial case-making:
law firms, barristers' chambers, and Crown Courts. It examines the
role and dynamics of client-lawyer meetings, pre-trial hearings,
plea bargaining sessions, and jury trials. It focuses on the
lawyers' case-making activities, their procedural contexts, and the
resulting cases. As an ethnographic discourse study, the book
develops a trans-sequential perspective on the interrelated events
and processes of case-making - and by doing so, overcomes the
shortcomings of talk-bias and text-bias. The trans-sequential
approach pays out in detailed case studies on an alibi, on guilt,
or the barrister's notes; it pays out as well in cross-case studies
dealing with legal care, procedural infrastructure, or the case
system in the common law tradition.
We have come a long way from Evans-Pritchard's famous dictum that
"there is only one method in social anthropology, the comparative
method - and that is impossible." Yet a good 40 years later,
qualitative social inquiry still has an uneasy relationship with
comparison. This volume sets out "thick comparison" as a means to
revive "comparing" as a productive process in ethnographic work: a
process that helps to revitalise the articulation work inherent in
analytical ethnographies; to vary observer perspectives and point
towards "blind spots;" to name and create "new things" and modes of
empirical work and to give way to intensified dialogues between
data analysis and theorizing. Contributors are Katrin Amelang,
Stefan Beck, Kati Hannken-Illjes, Alexander Kozin, Henriette
Langstrup, Joerg Niewoehner, Thomas Scheffer, Robert Schmidt,
Estrid Sorensen, and Britt Ross Winthereik.
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