England > Materialities of legal discourse > Stories
Homepage
THE CASE STUDIES
England
Gaining access
Pre-trial and trial
Truth-finding
Materialities
Stories
Files
Courtrooms
Useful links
USA
Germany
Comparison
Political Inquiries
Research Team
Publications
Useful Links
Contact

Stories

Stories on fights, assault, robbery, murder … one main reason for the common fascination for criminal law derives from all these stories told in court. Stories are the substance of criminal cases. They are allegedly about what ‘really happened’ and convey it to the procedural public.





Legal stories are linear. They enfold in an ‘and than’ fashion, flanked by temporal and spatial details to validate the content. They surface in police interviews or in the law firm’s conference with the client. Further on, accounts are exchanged by the competing parties and enter, if acknowledged as beneficial, the final stage in court. It is this re-use of stories that adds an underlying means to the judicial truth-engine that is supposed to keep the legal matters in touch with ‘the world out there’.

Stories are commonly analysed as intentional utterances. The author is given a pivotal role. It is her/his intention that shall be revealed by interpretation. The discourse analysis, employed here, takes another point of departure. Similar to Foucault, stories are understood as things that circulate and cause various effects no matter the intention going with it in the first place. In this way, stories become observable as effective in different circumstances. They are “quoted” (Derrida) several times and bound their users to their procedural history.

By following a story on its way to court, the analysis discovers the obligatory career to be passed. The career goes along with social recognition and with circles of publication. Ideally speaking, a story leaves the solicitor’s office, enters the whole ensemble and is disclosed to the opponent prior to the trial in court. This course of mobilisation reflects the expectations and calculations of those authorising it. The further a story is mobilised and the bigger the role it plays, the more it is exposed to undermining.

- Courtroom
- Files






 

New activities

Special Issue on "Law and Biography" in BIOS

Call for Abstracts/French-German Conference on “Enfermement/Freiheitsentzug

Latest Texts/Books

My ethnography on the English Crown Court procedure by BRILL
Review

Our comparative ethnography of criminal defence work in different procedural regimes by PALGRAVE

Teaching in SS 2011

Scheffer: „Einführung in die Institutionelle Ethnographie“ Kurs in Moodle

Scheffer: „Was tun Verfahren? Eine sozialwissenschaftliche Debatte“ Kurs in Moodle

Scheffer: „Arbeitskreis politische Ethnographie“ Termine in Moodle

Home | England | USA | Germany | Comparison| Political Inquiries | Team | Publications | Contact | Links

   
  webdesign: dotcombinat, berlin