The judicial hearing in action: an etnography of the interactions between jurists and lay people

Abstract

THIS PAPER AIMS TO DESCRIBE THE ASYMMETRIC INTERACTIONS BETWEEN JURISTS AND LAY PEOPLE IN COURTROOMS. THE HEARINGS ARE AN INTERESTING ENVIRONMENT WHERE WE CAN OBSERVE THESE INTERACTIONS BETWEEN EXPERTS AND LAY PEOPLE. THE RESEARCH IS BASED ON OBSERVATION OF HEARINGS OF THE “JUGES DE PROXIMITÉ” IN COURTROOMS IN SOUTHERN FRANCE IN FIVE DIFFERENT COURTS. THE MAIN GOAL IS TO PROVIDE A THICK DESCRIPTION OF THESE INTERACTIONS FOR THE ANALYSIS IN AN ETHNOMETHODOLOGICAL POINT OF VIEW. AS A RESULT, I COULD DESCRIBE A REFLEXIVE ACTIVITY BETWEEN JURISTS AND LAY PEOPLE. IN ONE HAND, THE JURISTS EXPLAIN THE LAW IN ORDINARY LANGUAGE WHILE THE LAY PEOPLE MAKE A STRUGGLE TO UNDERSTAND THE LEGAL ASSESSMENTS FOR PRACTICAL PURPOSES. THIS ACTIVITY IS POSSIBLE DUE TO THE CAPACITY OF CREATING COGNITIVE TOOLS USING CONTEXTUAL ACCOUNTS. FINALLY, THE COURT HEARINGS WORK ALLOWS OBSERVING HOW THE LAW IS ACCOMPLISHED WITH THE COGNITIVE TOOLS WHICH ARE DEVELOPED BY THE INTERACTIONS OF LAWYERS AND LAY PEOPLE.