The New Legal Realism: Volume 1

Translating Law-and-Society for Today's Legal Practice

Author: Elizabeth Mertz,Stewart Macaulay,Thomas W. Mitchell

Publisher: Cambridge University Press

ISBN: 9781107415539

Category: Law

Page: 325

View: 6806

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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.
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Power, Legal Education, and Law School Cultures

Author: Meera E. Deo,Mindie Lazarus-Black,Elizabeth Mertz

Publisher: Routledge

ISBN: 0429533918

Category: Law

Page: 302

View: 1578

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There is a myth that lingers around legal education in many democracies. That myth would have us believe that law students are admitted and then succeed based on raw merit, and that law schools are neutral settings in which professors (also selected and promoted based on merit) use their expertise to train those students to become lawyers. Based on original, empirical research, this book investigates this myth from myriad perspectives, diverse settings, and in different nations, revealing that hierarchies of power and cultural norms shape and maintain inequities in legal education. Embedded within law school cultures are assumptions that also stymie efforts at reform. The book examines hidden pedagogical messages, showing how presumptions about theory’s relation to practice are refracted through the obfuscating lens of curricula. The contributors also tackle questions of class and market as they affect law training. Finally, this collection examines how structural barriers replicate injustice even within institutions representing themselves as democratic and open, revealing common dynamics across cultural and institutional forms. The chapters speak to similar issues and to one another about the influence of context, images of law and lawyers, the political economy of legal education, and the agency of students and faculty.
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The Oxford Handbook of Legal History

Author: Markus D. Dubber,Christopher Tomlins

Publisher: Oxford University Press

ISBN: 0192513141

Category: Law

Page: 1152

View: 343

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Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.
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Ruling Before the Law

The Politics of Legal Regimes in China and Indonesia

Author: William Hurst

Publisher: Cambridge University Press

ISBN: 1108427200

Category: Law

Page: N.A

View: 2872

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Building on extensive fieldwork in China and Indonesia, Hurst offers a valuable comparison of legal systems in practice.
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Jurisprudence for a Free Society

Studies in Law, Science, and Policy

Author: Harold Dwight Lasswell,Myres Smith Macdougal

Publisher: Martinus Nijhoff Publishers

ISBN: 9780792309895

Category: Law

Page: 1

View: 4635

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"Jurisprudence For a Free Society" is a remarkable contribution to legal theory. In its comprehensiveness and systematic elaboration, it stands among the major theories. It is also the most important jurisprudential statement to emerge in the post-war period. The pioneering work of Lasswell and McDougal on law and policy is already legendary. Most of the work produced by these scholars together and in collaboration with their students represent applications of their basic theory to a wide assortment of international and national legal and policy problems. Now, for the first time, the authoritative statement of their legal philosophy appears as a single volume. In Part I the authors develop their fundamental criteria for a theory about law, including the requirements of clarifying observational standpoint, focus of inquiry and the pertinent intellectual tasks incumbent on the scholar and decisionmaker for determining and achieving common interests. Trends in theories about law, including Natural Law, the Historical School, Positivism, the Sociological Study of Law, American Legal Realism and other contemporary theories, are explored for what they might contribute to the achievement to the authors' conception of an adequate jurisprudence. In Part II, the social process as a whole and the particular value-institutional processes that comprise it are described and analyzed. Because people establish, maintain and change institutions, the dynamics of personality and personality's relation to law is delineated. Part III explores the intellectual tasks of policy thinking, from clarification of values, through description of trend, the scientific examination of conditions, projection of futuredevelopments and the invention of alternatives. Part IV examines the structure of decision in a free society, a society in which the achievement of human dignity is confirmed in both word and deed. Six appendices bring together monographs by the authors over a period of forty years which deal, in more detail, with particular matters treated in the body of the book.
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Law and the Modern Mind

Author: Jerome Frank

Publisher: Transaction Publishers

ISBN: 1412827329

Category: Law

Page: 368

View: 3187

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Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown--today it is accepted as a classic of general jurisprudence. The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom. Frank points out that legal verdicts are supposed to result from the application of legal rules to the facts of the suit--a procedure that sounds utterly methodical. Frank argues, that profound, immeasurable biases strongly influence the judge and jury's reaction to witnesses, lawyers, and litigants. As a result, we can never know what they will believe "the facts of the suit" to be. The trial's results become unforeseeable, the lawyer's advice unreliable, and the cause of justice insecure. This edition includes the author's final preface in which he answers two decades of criticism of his position.
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