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Bar WarsContesting the Night in Contemporary British Cities$
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Phil Hadfield

Print publication date: 2006

Print ISBN-13: 9780199297856

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199297856.001.0001

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Rose-coloured Spectacles Versus the Prophecies of Doom (the Shaping of Trial Discourse)

Rose-coloured Spectacles Versus the Prophecies of Doom (the Shaping of Trial Discourse)

Chapter:
(p.175) 7 Rose-coloured Spectacles Versus the Prophecies of Doom (the Shaping of Trial Discourse)
Source:
Bar Wars
Author(s):

Phil Hadfield

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199297856.003.0007

This chapter presents detailed analyses of the ways in which specialist licensing barristers approach their work, constructing their cases in such a way as to best serve the interests of their clients. This involves dissection of the minutiae of legal argumentation from field notes, witness statements, and other legal documents relating to oral and written evidence in over 50 licensing hearings. This data is collated and organised to reveal what are termed ‘argument pools’, that is, sets of pre-established, yet fluid and constantly mutating, adversarial devices. These pools are shown to form the bases of a patterned and recurrent framing of legal and empirical evidential material, wherein each ‘side’ presents a version of the ‘truth’ that is both ‘scripted’ and partial.

Keywords:   barrister, specialist, licensing, pre-trial, adversarial, script, argument, partial, omission, litigation

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