The Communicative Space: Painting the Evidence and Plausibility in Asylum Court Hearings

This article explores the state's control not only at national borders but also at the boundaries of language, culture-specific terms and legal jargon, by scrutinising how court participants are both listened to and interpreted in legal proceedings. Based on participant observation in Slovakian asylum court hearings and pre- and post-trial ethnographic interviews with asylum applicants, attorneys, interpreters and state officials, this study examines: (1) how ‘communicative space’ is established and negotiated in asylum court hearings; (2) how this space relates to the plausibility during evidence-making and (3) how Diego Velázquez's painting Las Meninas offers explanatory power for understanding dynamics in legal settings. By drawing on the work of ethnographers, philosophers, socio-legal and art theorists, this article provides new insights into the role of communicative space in plausibility assessments.

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Publication Details

Journal
Social & Legal Studies
Published
2024-12-20
DOI
https://doi.org/10.1177/09646639241307604
Primary Topic
Law in Society and Culture
Type
article
Field-Weighted Citation Impact
0.00

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article

The Communicative Space: Painting the Evidence and Plausibility in Asylum Court Hearings

Helena Tužinská
Social & Legal Studies
Law in Society and Culture
article

The Communicative Space: Painting the Evidence and Plausibility in Asylum Court Hearings

Helena Tužinská
article en

Abstract

This article explores the state's control not only at national borders but also at the boundaries of language, culture-specific terms and legal jargon, by scrutinising how court participants are both listened to and interpreted in legal proceedings. Based on participant observation in Slovakian asylum court hearings and pre- and post-trial ethnographic interviews with asylum applicants, attorneys, interpreters and state officials, this study examines: (1) how ‘communicative space’ is established and negotiated in asylum court hearings; (2) how this space relates to the plausibility during evidence-making and (3) how Diego Velázquez's painting Las Meninas offers explanatory power for understanding dynamics in legal settings. By drawing on the work of ethnographers, philosophers, socio-legal and art theorists, this article provides new insights into the role of communicative space in plausibility assessments.

Social & Legal StudiesVol. 34(6)
Comenius University Bratislava (SK)
Vedecká Grantová Agentúra MŠVVaŠ SR a SAV, United Nations High Commissioner for Refugees
Peace, Justice and strong institutions
Openalex Percentile: Top 56%
Law in Society and Culture
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