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Performing the law: a study of performance in the court of law
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Mulcahy, Sean (2020) Performing the law: a study of performance in the court of law. PhD thesis, University of Warwick.
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Official URL: http://webcat.warwick.ac.uk/record=b3520411
Abstract
This thesis analyses what performance is and what it does in the court, drawing from theatrical performance. In it, I argue that performance plays a constitutive role in the court, that law and performance are intimately entwined and that law is reliant on performance for its production. In so doing, I consider whether theatre and performance studies research and practice can provide new insights into court proceedings. This is significant because whilst legal scholars draw on analogical comparisons with theatre, there is little sustained engagement with theatre and performance research and practice to inform understanding of legal performance. My original contribution to knowledge is to draw from research and practice in theatre and performance to provide new insights into legal performance in court. Central to my discussion of legal performance in court is the role of the audience, which becomes a guiding direction of the thesis and points to my interest in how the legal performance is perceived by the public gallery.
My methodology combines case studies, participant observation and some performance-led research, grounded in theoretical analysis of the intersection of law and performance. Application of performance studies to the law entails a paradigmatic shift in legal research that attends to the practice and performance of law in court. Steering away from the existing work on advocacy as performance, the thesis attends to the audience’s experience of the legal performance in terms of space, sound, words, rhythms and digital dimensions.
The chapters are structured as something of an experiential journey through court. I first concentrate on the experience of arrival at court and journey through the liminal spaces of the courthouse. From there, I attune to the sounds and silence of the courtroom. From silence, I turn to the words in court. Still looking at the words, I then explore how these words play out in legal performance in a rhythmic manner. The final chapter examines the increasing use of video-link as a means of attending court and the digital futures of legal performance.
Item Type: | Thesis (PhD) | ||||
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Subjects: | K Law [LC] > K Law (General) N Fine Arts > N Visual arts (General) For photography, see TR P Language and Literature > PN Literature (General) > PN2000 Dramatic representation. The Theater |
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Library of Congress Subject Headings (LCSH): | Performance, Court proceedings, Law and art, Law in art, Lawyers in art, Theatre, Legal drama | ||||
Official Date: | 2020 | ||||
Dates: |
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Institution: | University of Warwick | ||||
Theses Department: | School of Law | ||||
Thesis Type: | PhD | ||||
Publication Status: | Unpublished | ||||
Supervisor(s)/Advisor: | Nobis, Felix ; Watt, Gary | ||||
Format of File: | |||||
Extent: | 314 leaves : illustrations | ||||
Language: | eng |
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