Rules versus Relationships

The Ethnography of Legal Discourse

By: John M. Conley, William M. O'Barr

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Paperback | 1 May 1990 | Edition Number 1

At a Glance

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236 Pages

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22.82 x 15.34 x 1.44

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In Rules versus Relationships, John M. Conley and William M. O'Barr examine the experiences of litigants seeking redress of everyday difficulties through the small claims courts of the American legal system. The authors find two major and contrasting ways in which litigants formulate and express their problems in terms of specific rule violations and seek concrete legal remedies that would mend soured relationships and respond to their personal and social needs.

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You Can Find This Book In

Non-Fiction Language & Linguistics Reference, Dictionaries & Guides Writing & Editing Guides Law Jurisprudence & General Issues Jurisprudence & Philosophy of Law Legal Skills & Practice Linguistics Sociology & Anthropology Anthropology Law as it Applies to Other Professions

Miscellaneous Items

Acknowledgments
Introduction
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
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
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
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
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?
Concordant Orientations Easy Cases
Rule-Oriented Litigants and Judges More Elaborated Cases
Relational Litigants and Judges
The Context of Concord An Unsystematic System
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?
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
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
A Note on Quantification
Case Summaries
Notes
References
Index
Table of Contents provided by Publisher. All Rights Reserved.

Rules versus Relationships

The Ethnography of Legal Discourse

At a Glance

Paperback

Shipping

How to return your order

Defective items

You Can Find This Book In

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