ABSTRACT

Understanding legal rules not as determinants of behavior but as points of reference for conduct, this volume considers the ways in which rules are invoked, referred to, interpreted, put forward or blurred. It also asks how both legal practitioners and lay participants conceive of and participate in the construction of facts and rules, and thus, through decisions, defenses, pleas, files, evidence, interviews and documents, actively participate in law’s life. With attention to the formulation of notions such as person, evidence, intention, cause and responsibility in the course of legal practices, Legal Rules in Practice provides the outlines of a praxiological anthropology of law – an anthropology that focuses on words, concepts and reasoning as actively used to solve conflicts with the help of legal rules. As such, it will appeal to sociologists, anthropologists and scholars of law with interests in ethnomethodology, rule-based conduct and practical reasoning.

chapter |12 pages

Introduction

Legal rules in practice: an exploration into law’s life

chapter 1|13 pages

Ruleness

part 1|84 pages

Ruleness and its relativity

chapter 5|21 pages

Laws and proverbs

The making and unmaking of moral rules in historic Tibet

part 2|94 pages

Materiality, artifactuality and idiosyncrasy of legal practices

chapter 6|20 pages

Reading case files

The material organization of cases and the work of judges

chapter 7|30 pages

Verbatim records and the testing ceremony

On the production of decidability in German asylum hearings

chapter 8|19 pages

Craft skills and legal rules

How Australian magistrates make bail decisions 1

chapter 9|23 pages

Vernacular visions of viral videos

Speaking for evidence that speaks for itself 1

part 3|78 pages

Meaning and emotions in legal interpretation

chapter 10|19 pages

Time to agree?

Rules, agreements and consent judgements in a Belgian family court

chapter 11|29 pages

Law, emotions and categorisations

Lightning a judicial blind spot: on the role of emotions inside the magistrate’s decision making

chapter 12|28 pages

Playing by the rules

The search for legal grounds in homosexuality cases – Indonesia, Lebanon, Egypt, Senegal