Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Conclusion: The Micro-Foundations Of Adversarialism

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This book is a journey to the heartland of adversarialism: to the land of, in Kagan's categories, "formal legal contestation," "litigant activism," and "substantive uncertainty", where a "weak centre" and "two competing and fact-finding parties" provide the grounds for the "democratic deliberation of the decision". Adversarial case-making employs three mechanisms and by doing so unfolds three event/process relations: mobilisation, replication, and staging. The mechanisms of case-making are, firstly, not invented by the actors, but juggled with enormous skill. Secondly, the procedural infrastructure, the professional ethics, and the cultural techniques and methods are closely entwined with and enforced by the case-making mechanisms. The mechanisms are, thirdly, not integrated to one homogeneous force or apparatus, but are rather heterogeneous and disruptive. The complexity creates uncertainty and, as an effect, involvement and engagement.

Keywords: adversarial case-making; fact-finding parties; legal ethnography



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Adversarial Case-Making — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation