Ethnographic legal studies: reconnecting anthropological and sociological traditions

Bens, Jonas; Vetters, Larissa

doi:10.1080/07329113.2018.1559487

Cited by 30 publications

(7 citation statements)

References 46 publications

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“…Ethnographic study of legal process traces how legal theory and concepts are negotiated in practice. Exploring the analytical implications of legal debates, such research can inform broader understandings in social theory about the issues at stake (Bens and Vetters, 2018). In this article, I bring legal arguments from the case of Luciano Lliuya v. RWE into conversation with anthropological discussions about how climate change reframes social relations across the planet.…”

Section: Neighborly Relations: Moral Responsibility In Times Of Clima...mentioning

confidence: 99%

Climate change in the courtroom: An anthropology of neighborly relations

Walker-Crawford

2022

Anthropological Theory

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This article follows a groundbreaking climate justice lawsuit between a Peruvian farmer and major energy company in a German court, a strategic political intervention addressing the inequities of global warming. The claim posits that the two are neighbors, meaning the company should take responsibility for contributing to climate change impacts in the Andes. Using this legal conception as a starting point to engage with academic discussions about sociality and moral responsibility, I establish neighborliness as an analytical framework for examining the moral stakes of social relations. Addressing the methodological and theoretical challenges of studying a phenomenon that draws connections across the planet, this approach allows for an ethnographically grounded understanding of global warming. Climate change expands the scope of social relations and raises the question of how we should live together on our planet. A focus on neighborliness foregrounds the normative claims through which people make sense of globalizing phenomena.

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Section: Neighborly Relations: Moral Responsibility In Times Of Clima...mentioning

confidence: 99%

Climate change in the courtroom: An anthropology of neighborly relations

Walker-Crawford

2022

Anthropological Theory

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“…Recently, sociolegal scholars have included sociomateriality into the analysis of oral hearings in court (e.g. Hynes et al 2020; Mulcahy and Rowden 2020; Gill et al 2019; Rowden 2018; Bens and Vetters 2018; Mulcahy 2007). Rowden explores the symbolic role of courtroom spaces by analyzing the changes that occur when participants use video technology to remotely “attend” court.…”

Section: Court Hearings As Dialectic Activities In Time and Spacementioning

confidence: 99%

Silence and Voice in Oral Hearings: Spatial, Temporal, and Relational Conditions for Communication in Asylum and Compulsory Care Hearings

Johannesson

2022

Social & Legal Studies

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The legal right to be heard by a judge is an important human right. However, what happens if a claimant does not meet the requirements of legal communication when given the opportunity to be heard in court? In this article, I address this question by exploring how temporal, spatial, and relational conditions encourage or silence vulnerable claimants’ voices in asylum hearings and compulsory psychiatric care hearings in Swedish administrative courts. In addition, I analyze the multiple functions orality has when judges make decisions in these case types. The results provide nuance to claims in previous studies about the importance of enough time, spaces that signal solemnity, and flexibility in judges’ approaches to vulnerable claimants’ voices by demonstrating how these conditions interact with each other and generate different communicative atmospheres. Moreover, this study challenges the idea that oral hearings are necessarily beneficial for claimants as it demonstrates that under certain conditions orality can place claimants at a disadvantage and amplify their defenselessness. However, orality brings legitimacy to court proceedings even in these cases as it communicates justice to the public evaluating these procedures from a distance.

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“…This statement, based on an in-depth study, underscores the need to study and improve legal education in the system of training highly qualified personnel. (Bens & Vetters, 2018) are important for the integration of Russian and foreign studies on issues of legal mentality. Particular attention should be paid to multiple terminological interpretations, which makes it challenging to study foreign scientific experience.…”

Section: Research Questionsmentioning

confidence: 99%

Implementation Of Legal Education At Higher Education Institutions

Shuvalova¹,

Pashkin²,

Pokhilyuk³

2022

The European Proceedings of Social and Behavioural Sciences

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The topic under study is relevant due to the lack of an effective system of legal education to train highly qualified personnel at universities, and shape legal mentality. A detailed study and subsequent introduction of the category of legal mentality is a promising trend in higher education restructuring to meet current requirements. The study is based on both general scientific and particular research methods of cognition including the formal-logical method (analysis, synthesis, concretization, analogy), the principle of integration. Legal mentality is viewed as a stable way of perceiving the world around, characteristic of large groups of people, such as students, which determines their response to an ongoing legal environment. Due to multiple terminological interpretations, it appears to be challenging to study foreign scientific experience. An important conclusion drawn up by the authors is a unified platform to be established for understanding the phenomenon of legal mentality in the publications of Russian researchers and an accurate analysis of ethnographic studies on modern legal phenomena done by foreign researchers. The paper emphasizes a current need to design a framework for shaping legal mentality in higher education institutions, which is a global educational task that primarily aims to reduce the number of offenses and raise the level of legal awareness among students. To safeguard successful formation of legal mentality, it is necessary to develop a unified system of legal education at all stages of higher education through the integration of national priorities.

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Ethnographic legal studies: reconnecting anthropological and sociological traditions

Cited by 30 publications

References 46 publications

Climate change in the courtroom: An anthropology of neighborly relations

Climate change in the courtroom: An anthropology of neighborly relations

Silence and Voice in Oral Hearings: Spatial, Temporal, and Relational Conditions for Communication in Asylum and Compulsory Care Hearings

Implementation Of Legal Education At Higher Education Institutions

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