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Research Handbook on Modern Legal Realism

Research Handbook on Modern Legal Realism

Author: Shauhin Talesh; Elizabeth Mertz; Heinz Klug
Publisher: Edward Elgar Publishing
ISBN: 9781788117760
Published In: March 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

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