Book contents
- Frontmatter
- Contents
- List of Contributors
- Acknowledgments
- 1 Introduction: Beyond Methods – Law and Society in Action
- 2 Stewart Macaulay and “Non-Contractual Relations in Business”
- 3 Robert Kagan and Regulatory Justice
- 4 Malcolm Feeley and The Process Is the Punishment
- 5 Lawrence Friedman and The Roots of Justice
- 6 John Heinz and Edward Laumann and Chicago Lawyers
- 7 Alan Paterson and The Law Lords
- 8 David Engel and “The Oven Bird's Song”
- 9 Keith Hawkins and Environment and Enforcement
- 10 Carol Greenhouse and Praying for Justice
- 11 John Conley and William O'Barr and Rules versus Relationships
- 12 Sally Engle Merry and Getting Justice and Getting Even
- 13 Tom Tyler and Why People Obey the Law
- 14 Doreen McBarnet and “Whiter than White Collar Crime”
- 15 Gerald Rosenberg and The Hollow Hope
- 16 Michael McCann and Rights at Work
- 17 Austin Sarat and William Felstiner and Divorce Lawyers and Their Clients
- 18 Yves Dezalay and Bryant Garth and Dealing in Virtue
- 19 Patricia Ewick and Susan Silbey and The Common Place of Law
- 20 Hazel Genn and Paths to Justice
- 21 John Braithwaite and Peter Drahos and Global Business Regulation
- 22 John Hagan and Justice in the Balkans
- 23 Conclusion: “Research Is a Messy Business” – An Archeology of the Craft of Sociolegal Research
- Index
- Cambridge Studies in Social and Cultural Anthropology
14 - Doreen McBarnet and “Whiter than White Collar Crime”
Published online by Cambridge University Press: 09 February 2010
- Frontmatter
- Contents
- List of Contributors
- Acknowledgments
- 1 Introduction: Beyond Methods – Law and Society in Action
- 2 Stewart Macaulay and “Non-Contractual Relations in Business”
- 3 Robert Kagan and Regulatory Justice
- 4 Malcolm Feeley and The Process Is the Punishment
- 5 Lawrence Friedman and The Roots of Justice
- 6 John Heinz and Edward Laumann and Chicago Lawyers
- 7 Alan Paterson and The Law Lords
- 8 David Engel and “The Oven Bird's Song”
- 9 Keith Hawkins and Environment and Enforcement
- 10 Carol Greenhouse and Praying for Justice
- 11 John Conley and William O'Barr and Rules versus Relationships
- 12 Sally Engle Merry and Getting Justice and Getting Even
- 13 Tom Tyler and Why People Obey the Law
- 14 Doreen McBarnet and “Whiter than White Collar Crime”
- 15 Gerald Rosenberg and The Hollow Hope
- 16 Michael McCann and Rights at Work
- 17 Austin Sarat and William Felstiner and Divorce Lawyers and Their Clients
- 18 Yves Dezalay and Bryant Garth and Dealing in Virtue
- 19 Patricia Ewick and Susan Silbey and The Common Place of Law
- 20 Hazel Genn and Paths to Justice
- 21 John Braithwaite and Peter Drahos and Global Business Regulation
- 22 John Hagan and Justice in the Balkans
- 23 Conclusion: “Research Is a Messy Business” – An Archeology of the Craft of Sociolegal Research
- Index
- Cambridge Studies in Social and Cultural Anthropology
Summary
“Have tape recorder, will travel” – it might almost be stamped on the calling card of the qualitative social scientist. The open-ended interview, distinguished from a survey with “closed” questions requiring a person to choose an answer, is one of the most powerful tools in Law and Society research. Interviewing has a lot to offer, including the ability to tailor questions to small but potentially important differences among research subjects and to probe interesting avenues that are discovered along the way. Interviewing also allows one to discover worlds that may forever be closed to direct observation, allowing one to hear people report their perspectives and describe their behavior.
Successful qualitative interviewing requires a degree of preparation that allows the researcher to explore, conversationally, topics of core concern. Yet researchers who remain open to pursuing new avenues that serendipitously arise in interviews can discover whole new worlds. For more than two decades, Doreen McBarnet has used extensive interviewing to capture how law and business work in action, understood through the details of complex banking, securities, tax, and bankruptcy transactions. Focusing on corporate tax practices in the United Kingdom, “Whiter than White Collar Crime” reveals the kinds of discoveries one can make when successfully balancing detailed preparation with curiosity.
The complex arenas of corporate law, such as the one discussed in this article, remain ripe for exploration by Law and Society scholars. The trail of inquiry brought McBarnet down the road less traveled after the publication of Conviction: Law, the State and the Construction of Justice (1981), a well-regarded study in the criminological tradition.
- Type
- Chapter
- Information
- Conducting Law and Society ResearchReflections on Methods and Practices, pp. 152 - 162Publisher: Cambridge University PressPrint publication year: 2009