Research Handbook on Modern Legal Realism by Shauhin Talesh (English) Hardcover

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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 sociolegal 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.

FORMATHardcover LANGUAGEEnglish CONDITIONBrand New Author Biography

Edited by Shauhin Talesh, Professor of Law and Professor of Sociology and Criminology, Law and Society, University of California, Irvine, Elizabeth Mertz, Research Professor, American Bar Foundation and John and Rylla Bosshard Professor of Law Emerita, University of Wisconsin and Heinz Klug, Evjue-Bascom Professor of Law, University of Wisconsin Law School, US and Visiting Professor, School of Law, University of the Witwatersrand, Johannesburg, South Africa

Table of Contents

Contents:1 Introduction to the Research Handbook on Modern Legal Realism 1Shauhin Talesh, Elizabeth Mertz and Heinz KlugPART I VARIETIES OF LEGAL REALISM – THEN AND NOW2 Realism then and now: using the real world to inform formal law 21Elizabeth Mertz (with Marc Galanter)3 East Coast Legal Realism and its progeny 36Laura Kalman4 From the periphery to the center and back? A brief history of MidwestLegal Realism 49Paul Baumgardner and Ajay K. Mehrotra5 European New Legal Realism: towards a basic science of law 67Jakob v. H. Holtermann and Mikael Rask Madsen6 Lessons for new Legal Realism from Africa and Latin America 82Alexandra Huneeus and Heinz KlugPART II LEGAL REALIST SCHOLARSHIP MEETS CURRENT DILEMMASSECTION A POLICING7 Police violence in São Paulo: Between the asphalt and the hill 100Sebastian Sclofsky8 Police torture, a case for interdisciplinarity 112Nick Cheesman9 A Legal Realist approach to black-on-black policing 124Devon W. Carbado and L. Song RichardsonSECTION B IMMIGRATION10 Transgressing boundaries through new Legal Realist approaches:Affinity and collaboration within ethnographic research on immigrationlaw and policy 148Susan Bibler Coutin11 Enacting immigration politics in a juridical register 161Leila Kawar and Jonathan Miaz12 Critical legal rhetoric takes on immigration and refugee law 176Sara L. McKinnonSECTION C LEGAL EDUCATION13 New Legal Realism goes to law school: Integrating social science andlaw through legal education 191Emily Taylor Poppe14 Teaching an interdisciplinary law class 208Marsha Mansfield and Elizabeth Mertz15 Ambition and reality: Reforms of legal studies at the Faculty of Law atthe University of Copenhagen 223Louise Victoria Johansen and Anne Lise Kjær16 New Legal Realism, eCRT, and the future of legal education scholarship 240Meera E. DeoSECTION D INTERNATIONAL LAW, GLOBAL STANDARDS, ANDREGIME CHANGE17 The uses and abuses of global social indicators 263David Nelken and Mathias Siems18 "The life of the law has not been logic; it has been experience":International legal ethnography and the New Legal Realism 277Jens Meierhenrich and Richard Ashby Wilson19 The judicialization of politics? 294Heinz KlugSECTION E ACCESSING JUSTICE THROUGH LAW20 A realist perspective on legal strategy in (the) practice 309Liora Israël21 Access to justice 323Rebecca L. Sandefur22 Planet of the insurers: how insurers shape and influence law and impactaccess to justice 335Shauhin Talesh23 Rendering rural property visible to law: a role for New Legal Realism 353Thomas W. Mitchell24 Urban property and housing rights in the time of the coronavirus 375Lisa T. AlexanderPART III DISCIPLINARY PERSPECTIVES25 Anthropology 393Riaz Tejani26 Sociology of law and New Legal Realism 412Calvin Morrill and Lauren B. Edelman27 The pitfalls and promises of a New Legal Realism rooted in political science 431Jeb Barnes28 Psychology and legal realism 445Tom R. Tyler29 User's guide to history 463Sarah A. Seo30 Jurisprudence and legal theory 478Brian H. Bix31 Law as a discipline: Legal theory, interdisciplinary legal theory, andways of speaking legitimacy to power 489Bryant G. GarthIndex

Review

'This splendid volume displays a wide range of methodologically diverse, theoretically rich, and empirically grounded scholarship that thrives in the ''big tent'' of the new legal realism intellectual enterprise. The chapters creatively draw on both disciplinary and interdisciplinary social science frameworks to demonstrate the power and meaning of law in action throughout multiple social, economic, and political contexts around the globe. The book is a major achievement. Highly recommended for scholars and teachers of law!' -- Michael McCann, University of Washington, US'In every way imaginable this volume is superb. It picks up where the Old Legal Realism left off, and shows what the New Legal Realism has to offer. Its contributors are a who's who in their fields. Their well-written chapters are packed with insights. The book will serve a diverse audience. As a whole, the volume will force everyone who looks at it to place their interests in broad context. It is a stunning achievement.' -- Malcolm M. Feeley, University of California, Berkeley, US'This exciting Research Handbook is an essential resource on the New Legal Realism (NLR), which developed a distinctive genre of empirical research of law. The Research Handbook powerfully exemplifies NLR's integrative strategy, which deploys mixed methods (qualitative and quantitative as well as observational and experimental) and is attentive to the challenge of translation between social science and law. Covering a wide range of timely topics, this rich Research Handbook provides valuable insights on legal institutions and the individuals and organizations that encounter law.' -- Hanoch Dagan, Tel Aviv University, Israel

Review Quote

'This exciting Handbook is an essential resource on the New Legal Realism (NLR), which developed a distinctive genre of empirical research of law. The Handbook powerfully exemplifies NLR's integrative strategy, which deploys mixed methods (qualitative and quantitative as well as observational and experimental) and is attentive to the challenge of translation between social science and law. Covering a wide range of timely topics, this rich Handbook provides valuable insights on legal institutions and the individuals and organizations that encounter law.'

Details ISBN178811776X Language English Year 2021 ISBN-10 178811776X ISBN-13 9781788117760 Format Hardcover Pages 544 DEWEY 340.1 Publisher Edward Elgar Publishing Ltd Series Research Handbooks in Legal Theory series Imprint Edward Elgar Publishing Ltd Place of Publication Cheltenham Country of Publication United Kingdom Publication Date 2021-03-26 AU Release Date 2021-03-26 NZ Release Date 2021-03-26 UK Release Date 2021-03-26 Author Heinz Klug Edited by Heinz Klug Audience Professional & Vocational We've got this

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