Polyphonic legality: power of attorney through dialogic interaction

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Polyphonic legality : power of attorney through dialogic interaction. / Harding, Rosie; Peel, Elizabeth.

In: Social and Legal Studies, Vol. 28, No. 5, 01.10.2019, p. 675-697.

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@misc{3683028699d3435db1b5a1d3df0a6d44,
title = "Polyphonic legality: power of attorney through dialogic interaction",
abstract = "Building on Bakhtin{\textquoteright}s work on discourse, this article uses the concept of polyphony to explore capacity law praxis. Drawing on everyday interaction about power of attorney, we demonstrate how legal, lay and medical understandings of capacity operate dialogically, with each voice offering distinct expressions of legality. Analysing lay and medical interactions about Lasting Power of Attorney – the legal authority to make decisions on behalf of a person who loses the mental capacity to make their own decisions – we argue power of attorney holds a {\textquoteleft}polyphonic legality{\textquoteright}. We argue that legal concepts (like power of attorney) are constructed not solely through official law but through dialogic interaction in their discursive fields. We suggest {\textquoteleft}polyphonic legality{\textquoteright} offers an innovative approach to understanding how law works in everyday life, which is attentive to the rich texture of legality created by and through the multiple voices and domains of socio-legal regulation.",
keywords = "capacity law, conversation analysis, dementia, law in action, polyphony, power of attorney, Capacity law",
author = "Rosie Harding and Elizabeth Peel",
year = "2019",
month = oct,
day = "1",
doi = "10.1177/0964663918803409",
language = "English",
volume = "28",
pages = "675--697",
journal = "Social and Legal Studies",
issn = "0964-6639",
publisher = "SAGE Publications",

}

RIS

TY - GEN

T1 - Polyphonic legality

T2 - power of attorney through dialogic interaction

AU - Harding, Rosie

AU - Peel, Elizabeth

PY - 2019/10/1

Y1 - 2019/10/1

N2 - Building on Bakhtin’s work on discourse, this article uses the concept of polyphony to explore capacity law praxis. Drawing on everyday interaction about power of attorney, we demonstrate how legal, lay and medical understandings of capacity operate dialogically, with each voice offering distinct expressions of legality. Analysing lay and medical interactions about Lasting Power of Attorney – the legal authority to make decisions on behalf of a person who loses the mental capacity to make their own decisions – we argue power of attorney holds a ‘polyphonic legality’. We argue that legal concepts (like power of attorney) are constructed not solely through official law but through dialogic interaction in their discursive fields. We suggest ‘polyphonic legality’ offers an innovative approach to understanding how law works in everyday life, which is attentive to the rich texture of legality created by and through the multiple voices and domains of socio-legal regulation.

AB - Building on Bakhtin’s work on discourse, this article uses the concept of polyphony to explore capacity law praxis. Drawing on everyday interaction about power of attorney, we demonstrate how legal, lay and medical understandings of capacity operate dialogically, with each voice offering distinct expressions of legality. Analysing lay and medical interactions about Lasting Power of Attorney – the legal authority to make decisions on behalf of a person who loses the mental capacity to make their own decisions – we argue power of attorney holds a ‘polyphonic legality’. We argue that legal concepts (like power of attorney) are constructed not solely through official law but through dialogic interaction in their discursive fields. We suggest ‘polyphonic legality’ offers an innovative approach to understanding how law works in everyday life, which is attentive to the rich texture of legality created by and through the multiple voices and domains of socio-legal regulation.

KW - capacity law

KW - conversation analysis

KW - dementia

KW - law in action

KW - polyphony

KW - power of attorney

KW - Capacity law

UR - http://www.scopus.com/inward/record.url?scp=85058712436&partnerID=8YFLogxK

U2 - 10.1177/0964663918803409

DO - 10.1177/0964663918803409

M3 - Article

VL - 28

SP - 675

EP - 697

JO - Social and Legal Studies

JF - Social and Legal Studies

SN - 0964-6639

PB - SAGE Publications

ER -