Baudouin Dupret
(CNRS, France, and Centre Jacques-Berque, Rabat, Morocco)
Adjudication in Action
An Ethnomethodology of Law, Morality and Justice
Présentation éditeur
‘Based in the analysis of work, sequential organization and membership categorization in a collection of Egyptian legal proceedings including a trial for perversion and debauchery (homosexuality), Dupret gives us the most sustained attempt yet at a praxeology of judicial activity, re-specifying such legal objects as fact, person, intention, cause and judgement in relation to morality (above all), rationality, normality, language, context, rule, action, and text. It’s a remarkable tour de force.’
Peter Eglin, Wilfred Laurier University, Canada
A rich, praxeological study that engages with ‘living law’ as it u nfolds in context and in action to develop a fuller understanding of what law is, Adjudication in Action engages with Wittgenstein’s later thought along with recent developments in ethnomethodology and conversation analysis, to explore people’s orientation around and reification of legal categories within the framework of institutional settings.
Sommaire
Introduction: a grammar of law in context and action
Part I. - Law and Morality
- Bases of a Praxeological approach
- Law and morality: constructs and models
- The morality of cognition: the normativity of ordinary reasoning
- Law in action: a praxeological approach to law and justice.
Part II. - Law on context and in action:
- Law in context
- Legal activity and the institutional context
- Procedural constraint: sequentiality, routine, and formal correctness
- Legal relevance: the production of factuality and legality.
Part III. - A practical grammar of Legal concepts:
- From law in the books to law in action
- Egyptian criminal law between doctrine, case law, jurisprudence, and practice
- The natural person: the contingent and contextual production of legal personality
- The production of causality: a praxeological grammar of the use of causal concepts
- Intention in action: the teleological orientation of the parties to criminal cases
Part IV. - Praxeological study of Judgments on Morality
- Morality on trial: structure and intelligibility of the court sentence
- Questions of morality: sequential, structured organization of the interrogation
- The categories of morality: homosexuality between perversion and debauchery
Conclusion: the morality of judgment and the judgment of morality: a praxeological approach
- Bibliography
- Index.
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