The Nile on eBay FREE SHIPPING UK WIDE The Analysis of Legal Cases by Flora Di Donato
This book examines the role played by narrative and culture in constructing the facts and legal cases and the reaching their solution.
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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 construction among the key actors: client, lawyer and judge. Part II expands the scientific framework toward a law-and-culture-oriented perspective, illustrating how legal stories come about 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.
Author Biography
Flora Di Donato is an Assistant Professor of Philosophy of Law, at the Federico II University of Naples, where she teaches Clinical Legal Education (Formazione Clinico-Legale). Her research focuses on the analysis of the law in real life and the contribution of laypeople in constructing the meanings of the law. In 2010, she was awarded the Annual RCSL Adam Podgórecki (ISA) Prize "for her outstanding achievements as an emerging scholar in socio-legal research". She has been a lecturer, a research fellow and a visiting scholar in several different Italian, Swiss and USA universities.
Table of Contents
Foreword COLETTE DAIUTE AND ANN SHALLECKAcknowledgements Introduction: why adopt a narrative approach to law? PART ITheoretical and methodological frameworks 1 Culture, narrative and law 2 The narrative turn in the legal field 3 Fact construction: contexts, roles and methods PART IITrajectories of case 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 7 Laypeople in action I: natives' stories 8 Laypeople in action II: foreigners' stories Section III – Improving justice for vulnerable people 9 Collaborative lawyering with vulnerable clients: asylumseekers' stories Conclusions: moving towards new directions ofnarrative theory and clinical legal research Index
Details ISBN0367726939 Author Flora Di Donato Pages 302 Publisher Taylor & Francis Ltd Year 2021 ISBN-10 0367726939 ISBN-13 9780367726935 Publication Date 2021-03-31 UK Release Date 2021-03-31 Format Paperback Imprint Routledge Place of Publication London Country of Publication United Kingdom AU Release Date 2021-03-31 NZ Release Date 2021-03-31 Series Law, Language and Communication Subtitle A Narrative Approach Alternative 9780415788939 DEWEY 340.115 Audience Tertiary & Higher Education We've got this
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