On
methods
Ethnography resembles a design-process, in which apt methods are
engineered on the way. What are the right foci for an observation
of legal discourse? What are instructive materials? After having
started with the usual field notes, the pre-study in England
developed some case-related packages of data. They included copies of
certain file-documents, ethnographic interviews with the case-worker
and reports on the arrayed encounters and their connections. I fabricated
additional data sheets to trace the career of legal points (arguments,
stories, themes etc.) on their way to court.
This first methodical design cannot, however, define fixed and detailed
standards for the other case studies. It turned out that the natural
data (protocols, files, transcripts etc.) produced in the various court-systems
differ a lot in status, format and content. It turned out, moreover,
that even notions such as pre-trial and trial or preparation and performance
carry cultural implications. Similarly, legal documents and judicial staging are embedded in different
"epistemic processes" (Knorr). They are different things obtaining certain functional
positions within these processes. Any ethnographic comparison has to
include the natural corpus of data itself in its comparative endeavour.
This is why each case study designed its very own data-packages
to fit to the encountered status, format and content of the natural
data. These specific packages represent the local courses of
legal case work. In an experimental fashion, the group decided to include
cross-cultural data as well: E.g. photographs of the court-rooms,
recordings of the practitioners’ file-presentation and court-room
reports from the local newspapers.
The main challenge of our trans-sequential analyses is a methodical one. The task to link the moment-by-moment nature of procedural events and the stage-by-stage nature of legal processes must resonate with an excellent corpus of data. In other words, the data need to be sufficiently detailed in order to response to the research interest on when and how exactly things took place and unfold.
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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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