Full Description
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.
Contents
Foreword
COLETTE DAIUTE AND ANN SHALLECK
Acknowledgements
Introduction: why adopt a narrative approach to law?
PART I
Theoretical and methodological frameworks
1 Culture, narrative and law
2 The narrative turn in the legal field
3 Fact construction: contexts, roles and methods
PART II
Trajectories 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: asylum
seekers' stories
Conclusions: moving towards new directions of
narrative theory and clinical legal research
Index
