PROTOKOŁY SĄDOWE JAKO KONSTRUKCJA KULTUROWA
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Date
2007
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Wydział Prawa i Administracji UAM
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MINUTES OF TRIALS AS A CULTURAL CONSTRUCT
Abstract
Although the minutes of trials are one of the crucial parts of the Polish penal and civil
law procedure, rarely does the legal theory draw its attention to the arbitrariness of the data
contained in the minutes. Using the approach of the ethnomethodologists, it is worth looking
at the process of preparing the minutes (protocoling) as at a sui generis cultural construct,
which frames the data for trials.
Minutes, supposed to express the witness’ speech, are appreciated more by the legislator than the
witness’ writing. However, according to the legal theory, not all of the elements of a speech shall be
written down. What is more, in practice, not all of the elements of a protocol, which are recommended
by theorists, are present in protocols. The language written in the minutes differs from the language
of oral expression in the trial. Moreover, the hierarchical relation between the judge and the person
who writes down the minutes often leads to a situation in which the minutes are dictated not by
a witness but by a judge.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 69, 2007, z. 2, s. 183-195.
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ISBN
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0035-9629