The New Legal Realism: Volume 2: Studying Law Globally

ISBN-13: 9781107073197 / Angielski / Twarda / 2016 / 303 str.

Heinz Klug; Sally Merry

Opis

This is the second of two volumes announcing the emergence of the new legal realism. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume II explores the integration of global perspectives and information into our understanding of law. Increasingly, local experiences of law are informed by broader interactions of national, international, and global law. Lawyers, judges, and other legal actors often have to respond to these broader contexts, while those pursuing justice in various global contexts must wrestle with the specific problems of translation that emerge when different concepts of law and local circumstances interact. Using empirical research, the authors in this path-breaking volume shed light on current developments in law at a global level.

Spis treści

Preface Michael McCann; Introduction Heinz Klug and Sally Engle Merry; Part I. The Globalization of Law: 1. African constitutionalism from the bottom-up Martin Chanock; 2. Human rights monitoring, state compliance, and the problem of information Sally Engle Merry; 3. Intellectual property and the creation of global rules Susan K. Sell; Part II. The Global Transfer of Norms: 4. Colonizing the clinic: the adventures of law in HIV treatment and research Carol A. Heimer and Jaimie Morse; 5. The politics of Islamic law and human rights: Sudan's rival legal systems Mark Fathi Massoud; 6. Women seeking justice at the intersection between vernacular and state laws and courts in rural KwaZulu-Natal, South Africa Sindiso Mnisi Weeks; Part III. Global Institutions and the Changing Roles of Judges and Lawyers: 7. New legal realism and international law Gregory Shaffer; 8. The deconstruction of offshore Sol Picciotto; 9. The changing role of lawyers in China: state bureaucrats, market brokers, and political activists Sida Liu; Part IV. Global Justice: 10. The irreconcilable goals of transitional justice Bronwyn Leebaw; 11. Pushing states to prosecute: positive complementarity, the Inter-American Court and the ICC Alexandra Huneeus; 12. When law and social science diverge: causation in the international law of incitement to commit genocide Richard A. Wilson.