Legal Rules in Practice: In the Midst of Law's Life

ISBN-13: 9780367495930 / Angielski / Miękka / 2022 / 290 str.

Dupret, Baudouin

Opis

This volume explores the ways in which legal practices are referred to and articulated with legal rules, considering the ways in which rules are invoked, interpreted or blurred, and asking how both legal practitioners and lay participants conceive of and participate in the construction of facts and rules in order to produce decisions.

Spis treści

Introduction: legal rules in practice: an exploration into law’s life  1. Ruleness Part 1 : Ruleness and its relativity  2. No rule for the application of rules  3. The structure of the legal system and the emergence of the state  4. Equality, hierarchy, and the place of rules  5. Laws and proverbs: the making and unmaking of moral rules in historic Tibet  Part 2: Materiality, artefactuality and idiosyncrasy of legal practices  6. Reading case files: the material organization of cases and the work of judges  7. Verbatim records and the testing ceremony: on the production of decidability in German asylum hearings  8. Craft skills and legal rules: how Australian magistrates make bail decisions  9. Vernacular visions of viral videos: Speaking for evidence that speaks for itself  Part 3: Meaning and emotions in legal interpretation  10. Time to agree? rules, agreements and consent judgements in a Belgian family court  11. Law, emotions and categorizations: lightning a judicial blind spot: on the role of emotions inside the magistrate’s decision making  12. Playing by the rules: the search for legal grounds in homosexuality cases - Indonesia, Lebanon, Egypt, Senegal