Le code en tant qu’accomplissement pratique. Respécification ethnométhodologique et cas d’étude égyptien

• Main Author: Baudouin Dupret
• Format: Article
• Language: fra
• Published: ENS Éditions 2014-11-01
• Series: Tracés
• Subjects: code; law; legal practices; ethnomethodology; Egypt; instructed action
• Online Access: http://journals.openedition.org/traces/6070

The study of law is conceptual : it deals with the grammar of the concept of law in the whole range of its usages and practices. This paper illustrates this point from the perspective of the code. It insists on the necessity not to lose the fundamental phenomenon which has to be treated when addressing codified laws, that is, the practice of codifying and of referring to the code. It means to observe and describe the people’s practical orientations to what they identify as a code, their way of making reference to, use, follow, manipulate, substantiate, or invoke it. This cannot be achieved but through the detailed examination and description of the situated circumstances within which the participants to a legal or judicial process make the code relevant for their own practical purposes.