Rules versus relationships : The Ethnography of legal discourse

By:

Conley John M

Contributor(s):

O'Barr William M

Publication details: Chicago The University Of Chicago Press 1990Description: 222p ixISBN:

9780226114910

Subject(s):

1. Law - Language2. Ethnography - Jurisprudence 3. Ethnographical Jurisprudence 4. Trial Practice - U S A

DDC classification:

340.140000 CON

Contents:

TABLE OF CONTENTS Acknowledgments; Introduction; 1. Discourses and Voices in the Law; The Analysis of Discourse; The Discourse of Legal Anthropology; The Discourse of the Law; The Study of Ordinary Discourse in Legal Contexts; 2. The Courts of First Resort; In Search of Informal Justice; Informal Justice: History and Theory; The Selection of Research Sites; The Unit of Analysis; Data Collection; 3. Learning to Listen; The Ethnography of Discourse; Legal Accounts without Evidentiary Constraints; Informal Court Accounts and Lay Jurisprudence; The Role of Judges in Shaping Accounts; Some Ethnographic Conclusions about Accounts in Informal Courts; 4. Rules versus Relationships; Litigant Orientations; The Relational Litigant; The Rule-Oriented Litigant; Rules versus Relationships; Conflicting Modes of Presenting Information: A Case Study; The Social Distribution of Rule and Relational Orientations; 5. The Jurisprudence of Informal Court Judges; Some Observations about the Linguistic Structure of Judgments; The Jurisprudence of Judges: Some Differences in Approach to the Law; The Strict Adherent to the Law; The Law Maker; The Mediator; The Authoritative Decision Maker The Proceduralist; The Jurisprudence of Judges: Rules and Relationships; Accounting for the Variation in Judicial Approaches to Decision Making; Conclusion: The Next Question; 6. Concordant Orientations; Easy Cases: Rule-Oriented Litigants and Judges; More Elaborated Cases: Relational Litigants and Judges; The Context of Concord; An Unsystematic System; 7. The Problem of Discord: What Do Litigants Want?; Procedural Goals: Law as Therapy; Substantive Goals: Finding the Hidden Agenda; Misunderstanding the Power of the Court; How Does the System Maintain Itself?; 8. Managing Discord; Coping With the System: The Leaky Roof; Manipulating Symbols: The Super Fixer-Upper; The Nature of Ideological Dissonance; The Social Coordinates of Ideological Dissonance; 9. Conclusion; The Voice of Legal Anthropology; Missing Voices in the Law; Discovering Voices; How Litigants Talk; What Litigants Say; The Interaction of Voices; Implications for the Law; Postscript: Questions for Future Research; Appendix I: A Note on Quantification; Appendix II: Case Summaries; Notes; References; Index

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Holdings
Item type	Current library	Shelving location	Call number	Status	Date due	Barcode
BOOKs	National Law School	Library Compactors	340.14 CON (Browse shelf(Opens below))	Available		16058

TABLE OF CONTENTS
Acknowledgments;
Introduction;
1. Discourses and Voices in the Law;
The Analysis of Discourse;
The Discourse of Legal Anthropology;
The Discourse of the Law;
The Study of Ordinary Discourse in Legal Contexts;
2. The Courts of First Resort;
In Search of Informal Justice;
Informal Justice: History and Theory;
The Selection of Research Sites;
The Unit of Analysis;
Data Collection;
3. Learning to Listen;
The Ethnography of Discourse;
Legal Accounts without Evidentiary Constraints;
Informal Court Accounts and Lay Jurisprudence;
The Role of Judges in Shaping Accounts;
Some Ethnographic Conclusions about Accounts in Informal Courts;
4. Rules versus Relationships;
Litigant Orientations;
The Relational Litigant;
The Rule-Oriented Litigant;
Rules versus Relationships;
Conflicting Modes of Presenting Information: A Case Study;
The Social Distribution of Rule and Relational Orientations;
5. The Jurisprudence of Informal Court Judges;
Some Observations about the Linguistic Structure of Judgments;
The Jurisprudence of Judges: Some Differences in Approach to the Law;
The Strict Adherent to the Law;
The Law Maker;
The Mediator;
The Authoritative Decision Maker The Proceduralist;
The Jurisprudence of Judges: Rules and Relationships;
Accounting for the Variation in Judicial Approaches to Decision Making;
Conclusion: The Next Question;
6. Concordant Orientations;
Easy Cases: Rule-Oriented Litigants and Judges;
More Elaborated Cases: Relational Litigants and Judges;
The Context of Concord;
An Unsystematic System;
7. The Problem of Discord: What Do Litigants Want?;
Procedural Goals: Law as Therapy;
Substantive Goals: Finding the Hidden Agenda;
Misunderstanding the Power of the Court;
How Does the System Maintain Itself?;
8. Managing Discord;
Coping With the System: The Leaky Roof;
Manipulating Symbols: The Super Fixer-Upper;
The Nature of Ideological Dissonance;
The Social Coordinates of Ideological Dissonance;
9. Conclusion;
The Voice of Legal Anthropology;
Missing Voices in the Law;
Discovering Voices;
How Litigants Talk;
What Litigants Say;
The Interaction of Voices;
Implications for the Law;
Postscript: Questions for Future Research;
Appendix I: A Note on Quantification;
Appendix II: Case Summaries;
Notes;
References;
Index

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