The New Legal Realism Volume 1

The New Legal Realism  Volume 1

This is the first of two volumes announcing the emergence of the new legal realism as a field of study.

Author: Elizabeth Mertz

Publisher: Cambridge University Press

ISBN: 9781316495353

Category: Law

Page:

View: 942

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.
Categories: Law

Power Legal Education and Law School Cultures

Power  Legal Education  and Law School Cultures

... a New Legal Realist Pedagogy. Vanderbilt Law Review60: 483–513. Mertz,
Elizabeth, Stewart Macaulay, and Thomas W. Mitchell, eds. 2016. The New Legal
Realism, Volume 1. Translating Law-and-Society for Today's Legal Practice.

Author: Meera E. Deo

Publisher: Routledge

ISBN: 9780429533914

Category: Law

Page: 302

View: 364

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.
Categories: Law

The Oxford Handbook of Legal History

The Oxford Handbook of Legal History

1 See Special Issue, Critical Analysis of Law and the New Interdisciplinarity (
2014) 1:1 Critical Analysis of Law 1 ff. ... The New Legal Realism: Volume 1:
Translating Law-and-Society for Today's Legal Practice (2016) 289ff., 291–2. 8
Michael ...

Author: Markus D. Dubber

Publisher: Oxford University Press

ISBN: 9780192513144

Category: Law

Page: 1152

View: 191

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.
Categories: Law

Interpretation without Truth

Interpretation without Truth

11-3, 1-28 Marmor A (2012) Farewell to conceptual analysis (in Jurisprudence).
... Isonomía 9:73–102 McCann M (2016) Preface to the new legal realism
volumes I and II. ... Volume I. Translating law-and-society for today's legal
practice.

Author: Pierluigi Chiassoni

Publisher: Springer

ISBN: 9783030155902

Category: Law

Page: 279

View: 855

This book engages in an analytical and realistic enquiry into legal interpretation and a selection of related matters including legal gaps, judicial fictions, judicial precedent, legal defeasibility, and legislation. Chapter 1 provides an outline of the central theoretical and methodological tenets of analytical realism. Chapter 2 presents a conceptual apparatus concerning the phenomenon of legal interpretation, which it subsequently applies to investigate the truth-in-legal-interpretation issue. Chapters 3 to 6 argue for a theory of legal interpretation - pragmatic realism - by outlining a theory of interpretive games, revisiting the debate between literalism and contextualism in contemporary philosophy of language, and underscoring the many shortcomings of the container-retrieval view and pragmatic formalism. In turn, Chapter 7, focusing on comparative legal theory, advocates an interpretation-sensitive theory of legal gaps, as opposed to purely normativist ones. Chapter 8 explores the connection between judicial reasoning and judicial fictions, casting light on the structure and purpose of fictional reasoning. Chapter 9 provides an analytical enquiry into judicial precedent, examining a variety of ideal-typical systems in terms of their normative or de iure relevance. Chapter 10 addresses defeasibility and legal indeterminacy. In closing, Chapter 11 highlights the central tenets of a realistic theory of legislation.
Categories: Law

Translating the Social World for Law

Translating the Social World for Law

In coordinated papers that are grounded in empirical research, the volume contributors use careful linguistic analysis to understand how attempts to translate between different disciplines can misfire in systematic ways.

Author: Elizabeth Mertz

Publisher: Oxford University Press

ISBN: 9780199990559

Category: Law

Page: 299

View: 447

In coordinated papers that are grounded in empirical research, the volume contributors use careful linguistic analysis to understand how attempts to translate between different disciplines can misfire in systematic ways.
Categories: Law

Law and Society in Transition

Law and Society in Transition

Explains the primary forms of law as a social, political and normative phenomenon.

Author: Phillippe Nonet

Publisher: Transaction Publishers

ISBN: 1412827310

Category: Political Science

Page: 122

View: 301

Explains the primary forms of law as a social, political and normative phenomenon. The authors illustrate the fundamental difference between repressive law, riddled with raw conflict and the accommodation of special interests, and responsive law, the reasoned effort to realize an ideal of polity.
Categories: Political Science

Philosophy of Law

Philosophy of Law

Raymond Wacks reveals the intriguing and challenging nature of legal philosophy, exploring the notion of law and its role in our lives.

Author: Raymond Wacks

Publisher: Oxford University Press

ISBN: 9780199687008

Category: Law

Page: 150

View: 868

The concept of law lies at the heart of our social and political life, shaping the character of our community and underlying issues from racism and abortion to human rights and international war. The revised edition of this Very Short Introduction examines the central questions about law's relation to justice, morality, and democracy.
Categories: Law

Jurisprudence for a Free Society

Jurisprudence for a Free Society

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.

Author: Harold Dwight Lasswell

Publisher: Martinus Nijhoff Publishers

ISBN: 0792309898

Category: Law

Page: 1

View: 483

"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.
Categories: Law

Jurisprudence

Jurisprudence

Jurisprudence: Realism in Theory and Practice compiles many of Llewellyn's most important writings. For his time, the thirties through the fifties, Llewellyn offered fresh approaches to the study of law and society.

Author: Karl N. Llewellyn

Publisher: Transaction Publishers

ISBN: 9781412813785

Category: Philosophy

Page: 549

View: 674

Jurisprudence: Realism in Theory and Practice compiles many of Llewellyn's most important writings. For his time, the thirties through the fifties, Llewellyn offered fresh approaches to the study of law and society. Although these writings might not seem innovative today, because they have become widely applied in the contemporary world, they remain a testament to his. The ideas he advanced many decades ago have now become commonplace among contemporary jurisprudence scholars as well as social scientists studying law and legal issues. Legal realism, the ground of Llewellyn's theory, attempts to contextualize the practice of law. Its proponents argue that a host of extra-legal factors--social, cultural, historical, and psychological, to name a few--are at least as important in determining legal outcomes as are the rules and principles by which the legal system operates. Oliver Wendell Holmes, Jr., book, The Common Law, is regarded as the founder of legal realism. Holmes stated that in order to truly understand the workings of law, one must go beyond technical (or logical) elements entailing rules and procedures. The life of the law is not only that which is embodied in statutes and court decisions guided by procedural law. Law is just as much about experience: about flesh-and-blood human beings doings things together and making decisions. Llewellyn's version of legal realism was heavily influenced by Pound and Holmes. The distinction between "law in books" and "law in action" is an acknowledgement of the gap that exists between law as embodied in criminal, civil, and administrative code books, and law. A fully formed legal realism insists on studying the behavior of legal practitioners, including their practices, habits, and techniques of action as well as decision-making about others. This classic studyis a foremosthistorical work on legal theory, and is essential for understanding the roots of this influential perspective.
Categories: Philosophy

Bowker s Law Books and Serials in Print

Bowker s Law Books and Serials in Print

Speaking of Equality : An Analysis of the Rhetorical Force of " Equality " in Moral
& Legal Discourse . ... New Practices of Inquiry Ser . ... 18.95 ( 0-22611465-1 )
Univ . of Chicago Pr . A Current Guide to Recovery under the Equal Access to
Justice Act . 100p . ... Special attention is given to prospects for non - lawyers to
become " catalysts for the exploring spirit " in the transformation of America's ...
Peloubet , S. S. A Collection of Legal Maxims in Law & Equity , with English
Translations .

Author:

Publisher:

ISBN: IND:30000043360803

Category: Law

Page:

View: 731

Categories: Law

A Companion to Philosophy of Law and Legal Theory

A Companion to Philosophy of Law and Legal Theory

The articles in this new edition of A Companion to Philosophy of Law and Legal Theory have been updated throughout, and the addition of ten new articles ensures that the volume continues to offer the most up-to-date coverage of current ...

Author: Dennis Patterson

Publisher: John Wiley & Sons

ISBN: 9781444320121

Category: Law

Page: 704

View: 488

The articles in this new edition of A Companion to Philosophy ofLaw and Legal Theory have been updated throughout, and theaddition of ten new articles ensures that the volume continues tooffer the most up-to-date coverage of current thinking inlegal philosophy. Represents the definitive handbook of philosophy of law andcontemporary legal theory, invaluable to anyone with an interest inlegal philosophy Now features ten entirely new articles, covering the areas ofrisk, regulatory theory, methodology, overcriminalization,intention, coercion, unjust enrichment, the rule of law, law andsociety, and Kantian legal philosophy Essays are written by an international team of leadingscholars
Categories: Law

The New Law Journal

The New Law Journal

MARRE REPORT Summary of Conclusions & Recommendations owle ; ( 1 ) The
most important social factors affecting ... level of legal profession are : the recent
growth in personal resources for unmet need ; there is , however , a need for
realism ... independent and publicly funded advice sector ( 1 ) the Law Society ' s
Law in Education project should be supported is ... To overcome a small minority
of the public ' s dissatisfaction The legal profession today with their own lawyers :
( 1 ) ...

Author:

Publisher:

ISBN: STANFORD:36105061094400

Category: Law

Page:

View: 272

Categories: Law

Books in series

Books in series

Author: [Anonymus AC00083573]

Publisher:

ISBN: 0835226794

Category:

Page:

View: 446

Categories:

Law and the Modern Mind

Law and the Modern Mind

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.

Author: Jerome Frank

Publisher: Transaction Publishers

ISBN: 9781412827324

Category: Law

Page: 368

View: 276

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.
Categories: Law

Postmodern Legal Movements

Postmodern Legal Movements

In this wide-ranging and comprehensive volume, Gary Minda surveys the current state of legal scholarship and activism, providing an indispensable guide to the evolution of law in America.

Author: Gary Minda

Publisher: NYU Press

ISBN: 9780814761014

Category: Law

Page: 362

View: 957

What do Catharine MacKinnon, the legacy of Brown v. Board of Education, and Lani Guinier have in common? All have, in recent years, become flashpoints for different approaches to legal reform. In the last quarter century, the study and practice of law have been profoundly influenced by a number of powerful new movements; academics and activists alike are rethinking the interaction between law and society, focusing more on the tangible effects of law on human lives than on its procedural elements. In this wide-ranging and comprehensive volume, Gary Minda surveys the current state of legal scholarship and activism, providing an indispensable guide to the evolution of law in America.
Categories: Law

The Law Librarian

The Law Librarian

Author:

Publisher:

ISBN: UOM:39015082922538

Category: Law libraries

Page:

View: 665

Categories: Law libraries

Law and Society

Law and Society

" It then explores: Principal legal systems, including common law, civil law, Islamic and socialist systems, and American Indian law Feminist legal theories, critical race theory, and the roles of morality and values in social control The ...

Author: John Harrison Watts

Publisher: CRC Press

ISBN: 9781466583290

Category: Law

Page: 350

View: 905

In recent years, legal studies courses have increased the focus on contemporary social issues as part of the curriculum. Law and Society: An Introduction discusses the interface between these two institutions and encourages students in the development of new insights on the topic. The book begins by introducing definitions, classifications, and the concept of the "rule of law." It then explores: Principal legal systems, including common law, civil law, Islamic and socialist systems, and American Indian law Feminist legal theories, critical race theory, and the roles of morality and values in social control The contributions of sociological research and its impact on the law Court systems and procedures, the exclusionary rule, and plea bargaining The nature and process of legislative, administrative, and judicial lawmaking Alternative dispute resolution and international arbitration and mediation The law as a mechanism for social changes, such as those brought on by the 1964 Civil Rights Act Issues related to the legal profession and professional responsibility This text eliminates the need for a separate reader by also discussing controversial legal topics—including affirmative action, education, the death penalty, right to work laws, and abortion. Each chapter builds on the previous ones and includes concrete examples of the issues involved. Enhanced by chapter summaries of salient points, review questions, and practical exercises, the book is designed to encourage students in the development of new insights into the relationships between law and society.
Categories: Law

Language in the Judicial Process

Language in the Judicial Process

The empirical research used by courts has not, how ever, commonly dealt with language as an influential variable. This volume of essays, coedited by Judith N. Levi and Anne Graffam Walker, will likely change that situation.

Author: Judith N. Levi

Publisher: Springer Science & Business Media

ISBN: 0306435519

Category: Language Arts & Disciplines

Page: 373

View: 930

Legal realism is a powerful jurisprudential tradition which urges attention to sodal conditions and predicts their influence in the legal process. The rela tively recent "sodal sdence in the law" phenomenon, in which sodal research is increasingly relied on to dedde court cases is a direct result of realistic jurisprudence, which accords much significance in law to empirical reports about sodal behavior. The empirical research used by courts has not, how ever, commonly dealt with language as an influential variable. This volume of essays, coedited by Judith N. Levi and Anne Graffam Walker, will likely change that situation. Language in the Judicial Process is a superb collection of original work which fits weIl into the realist tradition, and by focusing on language as a key variable, it establishes a new and provocative perspective on the legal process. The perspective it offers, and the data it presents, make this volume a valuable source of information both for judges and lawyers, who may be chiefly concemed with practice, and for legal scholars and sodal sdentists who do basic research about law.
Categories: Language Arts & Disciplines

Law Notes

Law Notes

Competition , Consumer Protection , and Self - Regulation In Chapter 4 we
conclude : - ( 1 ) that if the legal profession , and the ... The Legal Profession
Today In Chapter 5 we conclude :( 1 ) that there has been a substantial increase
in the number of ... ( 1 ) that the Law Society ' s Law in Education project should
be supported as far as possible ; ( 2 ) that good public ... that we applaud the
recent decision to translate legal aid leaflets into minority languages and
recommend that solicitors ...

Author: Albert Gibson

Publisher:

ISBN: UCAL:B4958870

Category: Law

Page:

View: 784

Categories: Law