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

Cambridge University Press, 5/3/2016
EAN 9781107071131, ISBN10: 1107071135

Hardcover, 323 pages, 23.5 x 15.5 x 2.2 cm
Language: English

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.

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.