1st Edition

The Analysis of Legal Cases A Narrative Approach

By Flora Di Donato Copyright 2020
322 Pages
by Routledge

322 Pages
by Routledge

322 Pages
by Routledge

This book examines the roles played by narrative and culture in the construction of legal cases and their resolution. It is articulated in two parts. Part I recalls epistemological turns in legal thinking as it moves from theory to practice in order to show how facts are constructed within the legal process. By combining interdisciplinary paradigms and methods, the work analyses the... Read more

Foreword



COLETTE DAIUTE AND ANN SHALLECK





Acknowledgements





Introduction: why adopt a narrative approach to law?





PART I



Theoretical and methodological frameworks





1 Culture, narrative and law



2 The narrative turn in the legal field



3 Fact construction: contexts, roles and methods





PART II



Trajectories of case analysis



Section I – Fact construction



4 Rediscovering the role of the client



5 The lawyer as translator



6 The judge as a creative decision maker





Section II – Narratives in cultural contexts



7 Laypeople in action I: natives’ stories



8 Laypeople in action II: foreigners’ stories





Section III – Improving justice for vulnerable people



9 Collaborative lawyering with vulnerable clients: asylum



seekers’ stories





Conclusions: moving towards new directions of



narrative theory and clinical legal research





Index

Biography

Flora Di Donato is an Assistant Professor of Philosophy of Law, at the Federico II University of Naples, where she teaches Clinical Legal Education (Formazione Clinico-Legale). Her research focuses on the analysis of the law in real life and the contribution of laypeople in constructing the meanings of the law. In 2010, she was awarded the Annual RCSL Adam Podgórecki (ISA) Prize "for her outstanding achievements as an emerging scholar in socio-legal research". She has been a lecturer, a research fellow and a visiting scholar in several different Italian, Swiss and USA universities.