Files Circulation and the Forms of Legal Experts

Abstract

A common assumption in Western legal cultures is that judicial law-making is materialised in practices that resemble the operation of a professional bureaucracy, practices that are also central to the construction of knowledge in other systems, such as accounting, audit, science, and even ethnography (Dauber 1995; Strathern 2000; Riles 2000, 2004, 2006; Maurer 2002; Yngvesson and Coutin 2006). This argument situates the judiciary as a formalistic organization that builds its ambition of universality on the procurement and dissemination of knowledge on a rational basis. Drawing on ethnographic research in the Argentine Supreme Court, this paper seeks to unpack this assumption through a detailed look at how the figures of legal bureaucrats, in particular law clerks, become visible through the documentary practices they perform within the judicial apparatus. As these practices unfold, they render visible these subjects in different forms, though not always accessible to outsiders. Persons are displayed through a bureaucratic circuit of files that simultaneously furthers and denies human agency while reinforcing the division of labour within the institution. This dynamic, I argue, can be understood in light of Marilyn Strathern’s (1988) insights about the forms of objectification and personification that operate in two “ethnographically conceived” social domains (Pottage 2001:113): a Euro-American commodity-driven economy, and Melanesia’s economy based on gift-exchange.

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