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Research Handbook on Modern Legal Realism

Edited by: Shauhin Talesh, Elizabeth Mertz, Heinz Klug

ISBN13: 9781788117760
Published: March 2021
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £230.00



This insightful Research Handbook provides a definitive overview of the New Legal Realism (NLR) movement, reaching beyond historical and national boundaries to form new conversations. Drawing on deep roots within the law-and-society tradition, it demonstrates the powerful virtues of new legal realist research and its attention to the challenges of translation between social science and law.

Highlighting a contrast with the current Empirical Legal Studies movement, chapters employ a variety of theoretically grounded methods to understand law and address legal problems. They explore an impressive range of contemporary issues including immigration, policing, globalization, legal education, and access to justice, concluding with an examination of how different social science disciplines intersect with NLR.

Incorporating global perspectives, the Research Handbook on Modern Legal Realism will be a key resource for scholars and students of legal theory and socio-legal studies. Illuminating the best approaches for combining social science considerations with expert perspectives on legal doctrines, it will also be of interest to practitioners and policy makers working in fields such as criminal and family law.

Subjects:
Law and Society
Contents:
1. Introduction to the Research Handbook on Modern Legal Realism
Shauhin Talesh, Elizabeth Mertz and Heinz Klug
PART I. VARIETIES OF LEGAL REALISM – THEN AND NOW
2. Realism then and now: using the real world to inform formal law
Elizabeth Mertz (with Marc Galanter)
3. East Coast Legal Realism and its progeny
Laura Kalman
4. From the periphery to the center and back? A brief history of Midwest Legal Realism
Paul Baumgardner and Ajay K. Mehrotra
5. European New Legal Realism: towards a basic science of law
Jakob v. H. Holtermann and Mikael Rask Madsen
6. Lessons for new Legal Realism from Africa and Latin America
Alexandra Huneeus and Heinz Klug
PART II. LEGAL REALIST SCHOLARSHIP MEETS CURRENT DILEMMAS
SECTION A. POLICING
7. Police violence in São Paulo: Between the asphalt and the hill
Sebastian Sclofsky
8. Police torture, a case for interdisciplinarity
Nick Cheesman
9. A Legal Realist approach to black-on-black policing
Devon W. Carbado and L. Song Richardson
SECTION B. IMMIGRATION
10. Transgressing boundaries through new Legal Realist approaches: Affinity and collaboration within ethnographic research on immigration law and policy
Susan Bibler Coutin
11. Enacting immigration politics in a juridical register
Leila Kawar and Jonathan Miaz
12. Critical legal rhetoric takes on immigration and refugee law
Sara L. McKinnon
SECTION C. LEGAL EDUCATION
13. New Legal Realism goes to law school: Integrating social science and law through legal education
Emily Taylor Poppe
14. Teaching an interdisciplinary law class
Marsha Mansfield and Elizabeth Mertz
15. Ambition and reality: Reforms of legal studies at the Faculty of Law at the University of Copenhagen
Louise Victoria Johansen and Anne Lise Kjær
16. New Legal Realism, eCRT, and the future of legal education scholarship
Meera E. Deo
SECTION D. INTERNATIONAL LAW, GLOBAL STANDARDS, AND REGIME CHANGE
17. The uses and abuses of global social indicators
David Nelken and Mathias Siems
18. “The life of the law has not been logic; it has been experience”: International legal ethnography and the New Legal Realism
Jens Meierhenrich and Richard Ashby Wilson
19. The judicialization of politics?
Heinz Klug
SECTION E. ACCESSING JUSTICE THROUGH LAW
20. A realist perspective on legal strategy in (the) practice
Liora Israël
21. Access to justice
Rebecca L. Sandefur
22. Planet of the insurers: how insurers shape and influence law and impact access to justice
Shauhin Talesh
23. Rendering rural property visible to law: a role for New Legal Realism
Thomas W. Mitchell
24. Urban property and housing rights in the time of the coronavirus
Lisa T. Alexander
PART III. DISCIPLINARY PERSPECTIVES
25. Anthropology
Riaz Tejani
26. Sociology of law and New Legal Realism
Calvin Morrill and Lauren B. Edelman
27. The pitfalls and promises of a New Legal Realism rooted in political science
Jeb Barnes
28. Psychology and legal realism
Tom R. Tyler
29. User’s guide to history
Sarah A. Seo
30. Jurisprudence and legal theory
Brian H. Bix
31. Law as a discipline: Legal theory, interdisciplinary legal theory, and ways of speaking legitimacy to power
Bryant G. Garth
Index