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Acknowledgments | |
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Introduction | |
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Discourses and Voices in the Law | |
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The Analysis of Discourse The Discourse of Legal Anthropology | |
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The Discourse of the Law | |
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The Study of Ordinary Discourse in Legal Contexts | |
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The Courts of First Resort In Search of Informal Justice | |
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Informal Justice: History and Theory | |
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The Selection of Research Sites | |
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The Unit of Analysis Data Collection | |
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Learning to Listen | |
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The Ethnography of Discourse Legal Accounts without Evidentiary Constraints Informal Court Accounts and Lay Jurisprudence | |
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The Role of Judges in Shaping Accounts Some Ethnographic Conclusions about Accounts in Informal Courts | |
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Rules versus Relationships Litigant Orientations | |
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The Relational Litigant | |
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The Rule-Oriented Litigant Rules versus Relationships Conflicting Modes of Presenting Information | |
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A Case Study | |
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The Social Distribution of Rule and Relational Orientations | |
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The Jurisprudence of Informal Court Judges Some Observations about the Linguistic Structure of Judgments | |
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The Jurisprudence of Judges: Some Differences in Approach to the Law | |
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The Strict Adherent to the Law | |
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The Law Maker The Mediator | |
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The Authoritative Decision Maker | |
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The Proceduralist | |
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The Jurisprudence of Judges: Rules and Relationships? | |
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Accounting for the Variation in Judicial Approaches to Decision Making Conclusion: The Next Question? | |
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Concordant Orientations Easy Cases | |
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Rule-Oriented Litigants and Judges More Elaborated Cases | |
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Relational Litigants and Judges | |
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The Context of Concord An Unsystematic System | |
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The Problem of Discord: What Do Litigants Want? | |
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Procedural Goals: Law as Therapy Substantive Goals | |
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Finding the Hidden Agenda Misunderstanding the Power of the Court | |
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How Does the System Maintain Itself? | |
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Managing Discord Coping With the System | |
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The Leaky Roof Manipulating Symbols | |
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The Super Fixer-Upper | |
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The Nature of Ideological Dissonance | |
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The Social Coordinates of Ideological Dissonance | |
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Conclusion | |
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The Voice of Legal Anthropology Missing Voices in the Law | |
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Discovering Voices | |
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How Litigants Talk | |
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What Litigants Say | |
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The Interaction of Voices Implications for the Law Postscript | |
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Questions for Future Research | |
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A Note on Quantification | |
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Case Summaries | |
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Notes | |
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References | |
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Index | |