The Perspective of Ethnomethodological and Conversation Analytic Approaches to “Law”

Abstract

Ethnomethodology/Conversation analysis is recognized as a “radical” perspective or methodology in the sociology of law in general. This radicality can be understood as being composed mainly of the following two points when it is compared with behaviorism, voluntarism, symbolic interaction theory, and discourse analysis; (1) The research subject of the ethnomethodology／conversation analysis is not the «law» as the independent variable /dependent variable but the «legal action» itself and (2) the researchers who obey Ethnomethodology/Conversation analysis observe «legal action» from the inherent viewpoint of the parties without giving hyper-explanation of it from the standpoint of the observer. What is produced through this methodology is a description of «law» as a contingent and ongoing “methodic achievement” of the parties (social members). This description of «law» includes features such as self-reference and the removal of the distinction between substance and form of legal communication. These features must be understood as implying the following assertions. Firstly, the substantive definition of «law» should be described insofar as the parties engage in acts of defining what the law is. Secondly, the perspective which views the interpretation or definition of the «law» at a particular time as the entity of the law is inappropriate in socio-legal studies.