The Analysis of Legal Cases: A Narrative Approach

1st Edition

Flora Di Donato

July 25, 2019 Forthcoming
Reference - 352 Pages
ISBN 9780415788939 - CAT# Y316369
Series: Law, Language and Communication


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This book examines the role played by narrative and culture in the construction of legal cases and their resolution. The work is articulated in two parts and is based on real cases. 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 one stage of the legal dispute to another, focusing on the activity of narrative construction undertaken by 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 case are equated with clients, to act 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, one of whose aims is to enable lay and expert actors to meet for the purpose of improving forms of collective narrations.

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