The New Legal Realism: Volume 1: Translating Law-and-Society for Today's Legal Practice

ISBN-13: 9781107071131 / Angielski / Twarda / 2016 / 323 str.

Elizabeth Mertz; Madison) Stewart Macaulay (University of Wisconsin; Madison) Thomas W. Mitchell (University of Wisconsin

Opis

This is the first of two volumes announcing the emergence of the new legal realism as a field of study. 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 1 lays the groundwork for this novel and comprehensive approach with an innovative mix of theoretical, historical, pedagogical, and empirical perspectives. Their empirical work covers such wide-ranging topics as the financial crisis, intellectual property battles, the legal disenfranchisement of African-American landowners, and gender and racial prejudice on law school faculties. The methodological blueprint offered here will be essential for anyone interested in the future of law-and-society.

Spis treści

Preface Michael McCann; 1. Introduction: new legal realism: law and social science in the new millennium Elizabeth Mertz; Part I. The Place of New Legal Realism in Legal Thought and Teaching: 2. A new legal realism: elegant models and the messy law in action Stewart Macaulay; 3. Putting the 'real world' into traditional classroom teaching Jane H. Aiken and Ann Shalleck; 4. Some realism about realism in teaching about the legal profession Ann Southworth, Bryant Garth and Catherine Fisk; 5. 'Fielding' legal realism: law students as participant-observers? Riaz Tejani; Part II. Philosophy and Methods for a New Legal Realism: 6. Legal R/realism and jurisprudence: ten theses William Twining; 7. Legal realism in context Brian Z. Tamanaha; 8. Legal storytelling as a variety of legal realism Robert W. Gordon; 9. Combining methods for a new synthesis in law and empirical research Elizabeth Mertz and Katherine Barnes; Part III. New Legal Realist Translations: 10. New legal realism and inequality Thomas W. Mitchell; 11. The financial crisis and moral accountability: translating practices of risk, profit, and uncertainty Alex Tham; 12. The moment of possibles: some new legal realism about a 'reality thriller' case Hadi Nicholas Deeb; 13. Translating law across cultures and societies: a conversation with David Bellos and Kim Lane Scheppele David Bellos and Kim Lane Scheppele; 14. Is there a lingua franca for the American legal academy? Mary Anne Case.