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On Positionality And Its Comparability In The Legal Context

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Chapter Summary

This chapter aspires to elucidate on the issues of comparability of particular social phenomena. More specifically, it concerns itself with the ways locally constructed social orders differ in action between and among three criminal systems, US-American, German, and English and their corresponding procedural regimes. The chapter describes the unit of analysis which functions as the primary analytic resource for carrying out the comparison: positionality. The concept of positionality that the author entertains in the chapter belongs to Helmuth Plessner who developed it at the intersection of two distinct intellectual periods. The author would like to show the pertinence of positionality for the legal sphere an presents a study on the comparative research project of criminal defense. The concept that framed the chapter was positionality approached as a socio-cultural phenomenon.

Keywords: comparability; criminal defense proceedings; legal context; positionality



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