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Vol 24 No 8 Aug/Sept 2019

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Fisher and Lightwood's Law of Mortgage

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The Analysis of Legal Cases: A Narrative Approach


ISBN13: 9780415788939
Published: July 2019
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £115.00



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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 constuction among those key actors: client, lawyer and judge. Part II expands the scientific framework toward a law-and-culture-oriented perspective, illustrating how legal stories take shape 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.

Subjects:
Jurisprudence
Contents:
Foreword by Colette Daiute and Ann Shalleck
Introduction
PART I Theoretical and methodological frameworks
1. Culture, narrative and law
2. The narrative turn in the legal field
3. Fact-finding: contexts, roles and methods
PART II Trajectories of cases analysis
Section I - Fact-construction
4. Rediscovering the role of the client
5. The lawyer as translator
6. The judge as a creative decision maker
Section II - Narratives in cultural contexts
7Lay People in Action I: Natives’ Stories
8. Lay People in Action II: Foreigners’ Stories
Section III - Improving access to justice for vulnerable people
9. Collaborative lawyering and story construction: asylum seekers’ stories
Conclusions Moving towards new directions of narrative theory and clinical-legal research

Series: Law, Language and Communication

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Synesthetic Legalities: Sensory Dimensions of Law and Jurisprudence (eBook)
Edited by: Sarah Marusek
ISBN 9781317047254
Published November 2016
Routledge
£34.28 + £6.86 VAT
(ePub)
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Synesthetic Legalities: Sensory Dimensions of Law and Jurisprudence
Edited by: Sarah Marusek
ISBN 9781472482952
Published November 2016
Routledge
£120.00