The New Legal Realism: Volume 1
Translating Law-and-Society for Today's Legal Practice

Leading scholars from a startling array of disciplinary perspectives chart an exciting new course for legal research in this first volume of a two-volume series.

Elizabeth Mertz (Edited by), Stewart Macaulay (Edited by), Thomas W. Mitchell (Edited by)

9781107415539, Cambridge University Press

Paperback / softback, published 11 May 2017

325 pages, 3 b/w illus. 1 table
23 x 15.3 x 1.8 cm, 0.49 kg

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.

Preface Michael McCann
1. Introduction: new legal realism: law and social science in the new millennium Elizabeth Mertz
Part I. The Place of New Legal Realism in Legal Thought and Teaching: 2. A new legal realism: elegant models and the messy law in action Stewart Macaulay
3. Putting the 'real world' into traditional classroom teaching Jane H. Aiken and Ann Shalleck
4. Some realism about realism in teaching about the legal profession Ann Southworth, Bryant Garth and Catherine Fisk
5. 'Fielding' legal realism: law students as participant-observers? Riaz Tejani
Part II. Philosophy and Methods for a New Legal Realism: 6. Legal R/realism and jurisprudence: ten theses William Twining
7. Legal realism in context Brian Z. Tamanaha
8. Legal storytelling as a variety of legal realism Robert W. Gordon
9. Combining methods for a new synthesis in law and empirical research Elizabeth Mertz and Katherine Barnes
Part III. New Legal Realist Translations: 10. New legal realism and inequality Thomas W. Mitchell
11. The financial crisis and moral accountability: translating practices of risk, profit, and uncertainty Alex Tham
12. The moment of possibles: some new legal realism about a 'reality thriller' case Hadi Nicholas Deeb
13. Translating law across cultures and societies: a conversation with David Bellos and Kim Lane Scheppele David Bellos and Kim Lane Scheppele
14. Is there a lingua franca for the American legal academy? Mary Anne Case.

Subject Areas: Law & society [LAQ], Jurisprudence & philosophy of law [LAB], Law [L]