The law-in-action group studied courts and law firms, judges, lawyers, and their clients and later political inquiries and their publics by means of ethnography and discourse analysis. Currently, the approaches developed here - trans-sequential analysis, ethnographic discourse analysis and thick comparison - is applied to another field of concern: the parliament.
The main project: Comparative Micro-Sociology of Criminal Procedure
We all seem to know what court hearings are about. We can watch them
on TV, read criminal novels or browse the many courtroom reports in
the papers. Why this publicity? Court hearings appear as fascinating
events, offering surprising outcomes, clever moves, passionate
disputes – and insights into the dark sides of human nature.
The fascination of legal proceedings is,
naturally, different for professional researchers. Sociologists and
criminologists consider trials as crucial elements of justice systems.
At stake is the public legitimisation of punishment, the restoration
of the moral economy, and the monopolisation of state power. Legitimisation
through procedure, it is said, requires grounded, unbiased and efficient
trials.
Accordingly, some alarming research is
done on the ideology of legal professionals,
on the mistreatment of certain offences, on procedural flaws, on the
horrors of the legal machinery. Although useful in various aspects,
many of these studies suffer shortcomings. As the Ethnomethodologist Michael Lynch put it: they “tend to describe
various ‘social’ influences on the growth and development
of legal institutions while taking for granted that lawyers write
briefs, present cases, interrogate witnesses, and engage in legal
reasoning”. (Scientific practice and ordinary action.
Cambridge University Press 1993, 114) In other words, the law and its cases is taken for granted, while it is in fact a complex practical accomplishment.
How, we ask accordingly, are these accomplishments achieved
and integrated in spatiotemporal expanded work-processes? For instance, how are criminal defences
set in motion? How are legal statements put together? How are they rendered available for all practical purposes? And how does
the production of cases vary in procedural systems? We are, to put short, after the practical grounds and the systematic effects of criminal proceedings: the trans-sequential activities - within events and in between events - by which legal facts and legal positions are brought into existance.
But is this at all relevant for legal scholars
and practitioners? Does this matter at all? We expect the results
to teach a good deal on the socio-material constitution of legal work,
on the spatiotemporal divisions of labour, and on the
variety of contingent solutions for analogous problems. Our comparative ethnography puts an emphasis on the timing and the temporalities of legal discourse: the pasts and futures of current dealings.
Currently, we extend the work on "doing procedure" towards "political inquiries", e.g. the Hutton Inquiry in England or the CIA-inquiry by the EU-parliament. By this move we aim for a sociological understanding of procedures as more or less self-referential, self-dynamic systems. Our research suggests that there are soft and strong procedures in this regard and that an understanding of talk in court or debates in parliament requires a conception of the most relevant frame: the procedure that allows this event to happen and to matter, both in terms of knowledge and in terms of power.
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New activities
I currently conduct ethnographic fieldwork at the German Bundestag.
Agenda
Out now: "Thick Comparison - Reviving the Ethnographic Aspiration" , edited by Scheffer & Niewöhner, BRILL
Out soon: "Adversarial Case-Making" (Scheffer) BRILL
Out soon: "Defence Work and Procedure" (Scheffer, Kozin & Hannken-Illjes) PALGRAVE
Latest
Texts
Scheffer (2010) Knowing how to sleepwalk. Placing Expert Evidence ... OnlineFirst in Science, Technology & Human Values (STHV)
Scheffer (2010) Indirect Moralizing. Early View in Journal for the Theory of Social Behavior (JTSB)
Kozin (2010) Book Note on "Roger Shuy's Fighting over words..." in Language in Society
Teaching in SS 2010
Seminar für Masterstudierende "Kulturen des Parlamentarismus" Mo. 16.00-18.00 am IfEE, HU Berlin
AG "Politische Ethnographie" [anmelden bei scheffer@law-in-action.org]
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