NCJ Number
125868
Journal
Duke Law Journal Volume: 1989 Issue: 6 Dated: (December 1989) Pages: 1654-1676
Date Published
1989
Length
23 pages
Annotation
This article analyzes the legal roles and legal discourse of lawyers and judges, based on sociological and relational concepts.
Abstract
The linchpin of the various terms used in this essay is the concept of "role-distance" developed by sociologist Erving Goffman. "Role-distance" refers to a person's degree of identification with a behavioral role. The degree of role-distance that persons experience is the basis for this article's conceptions of "community" and "organization." A "community" is viewed as the interaction of persons who experience a low degree of role-distance in such interactions, i.e., their core identities are expressed in their interactive expressions and behaviors. "Organizations," on the other hand, are characterized by a high degree of role distancing; persons perform duties because of rewards or coercion rather than as an expression of the core self. "Interpretation," which seeks understanding that enhances the affirmation of and honesty of core selves in interaction, is characteristic of communities. "Communication," on the other hand, which aims at achieving strategic goals through interaction, is reflective of the role distancing in "organizations." Using these concepts, this essay examines whether legal actors, specifically attorneys and judges, perform their roles in a detached or non-detached fashion; whether law is administered in the context of "community" or "organization;" and whether legal discourse is an exercise in "interpretation" or "communication." Role distancing, organization, and communication are concluded to be more characteristic of law administration than the contrasting terms. 26 footnotes