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Adjudication in Action describes the moral dimension of judicial activities and the judicial approach to questions of morality, observing the contextualized deployment of various practices and the activities of diverse people who, in different capacities, find themselves involved with institutional judicial space. Exploring the manner in which the enactment of the law is morally accomplished, and how practical, legal cognition mediates and modulates the treatment of cases dealing with sexual morality, this book offers a rich, praxeological study that engages with 'living' law as it unfolds in action.
Inspired by Wittgenstein's later thought and engaging with recent developments in ethnomethodology and conversation analysis, Adjudication in Action challenges approaches that reduce the law to mere provisions of a legal code, presenting instead an understanding of law as a resource that stands in need of contextualization. Through the close description of people's orientation to and reification of legal categories within the framework of institutional settings, this book constitutes the first comprehensive study of law in context and in action.
The claim of this book is that truth is a matter of language games and practical achievements: it is a “member phenomenon”. To document this statement, it proceeds to the investigation of instances of truth-related practices in various Arab contexts. Bearing on the constitution of actions and events, on what is factual or objective, on predictability, consequentiality, intentionality, causality, and on the many ways people orient to them, such a varied set of questions appears thoroughly moral. The praxeological respecification this book undertakes leads to important considerations regarding the question of morality in ordinary reasoning, and the categories and categorizations on which that morality is based: moral values are publicly available; morality has a modal logic; moral values and conventions have an open texture; objectivity is a practical achievement carried out by members of society; the moral order is an omnipresent, constitutive characteristic of social practice.