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Craft skills and legal rules: How Australian magistrates make bail decisions
Citation
Travers, M, Craft skills and legal rules: How Australian magistrates make bail decisions, Ethnographic Studies, (16) pp. 147-166. ISSN 1366-4964 (2019) [Refereed Article]
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Copyright Statement
Copyright 2019 The Author Licensed under Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode
DOI: doi:10.5281/zenodo.3459401
Abstract
This paper pursues an ethnomethodological approach in describing the work of magistrates making bail decisions in Australian lower courts. Because researchers are committed to examining the practical nature of occupational work, this approach has potential to provide a detailed account of rule-use in legal settings. It will be shown how magistrates employ and are permitted to employ considerable discretion when working within bail legislation, and in interpreting legislation. This account of legal work is relevant to long-standing debates about rule skepticism and formalism; and to policy debates that seek to limit judicial discretion.
Item Details
| Item Type: | Refereed Article |
|---|---|
| Keywords: | bail, courts, ethnography |
| Research Division: | Human Society |
| Research Group: | Criminology |
| Research Field: | Courts and sentencing |
| Objective Division: | Law, Politics and Community Services |
| Objective Group: | Justice and the law |
| Objective Field: | Criminal justice |
| UTAS Author: | Travers, M (Associate Professor Max Travers) |
| ID Code: | 135479 |
| Year Published: | 2019 |
| Deposited By: | Office of the School of Social Sciences |
| Deposited On: | 2019-10-24 |
| Last Modified: | 2019-11-14 |
| Downloads: | 28 View Download Statistics |
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