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The New Legal Realism
Studying Law Globally

Volume 2

$125.00 (R)

Michael McCann, Heinz Klug, Sally Engle Merry, Martin Chanock, Susan K. Sell, Carol A. Heimer, Jaimie Morse, Mark Fathi Massoud, Sindiso Mnisi Weeks, Gregory Shaffer, Sol Picciotto, Sida Liu, Bronwyn Leebaw, Alexandra Huneeus, Richard A. Wilson
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  • Date Published: May 2016
  • availability: Available
  • format: Hardback
  • isbn: 9781107073197

$ 125.00 (R)
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About the Authors
  • This is the second of two volumes announcing the emergence of the new legal realism. 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 2 explores the integration of global perspectives and information into our understanding of law. Increasingly, local experiences of law are informed by broader interactions of national, international, and global law. Lawyers, judges, and other legal actors often have to respond to these broader contexts, while those pursuing justice in various global contexts must wrestle with the specific problems of translation that emerge when different concepts of law and local circumstances interact. Using empirical research, the authors in this path-breaking volume shed light on current developments in law at a global level.

    • Demonstrates the importance of interdisciplinary translation between law and social sciences
    • Introduces readers to the scholarship of today's leading new legal realists
    • Shows how new legal realism can provide a broader lens than the empirical legal studies movement
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    Product details

    • Date Published: May 2016
    • format: Hardback
    • isbn: 9781107073197
    • length: 303 pages
    • dimensions: 235 x 156 x 20 mm
    • weight: 0.56kg
    • contains: 1 b/w illus.
    • availability: Available
  • Table of Contents

    Preface Michael McCann
    Introduction Heinz Klug and Sally Engle Merry
    Part I. The Globalization of Law:
    1. African constitutionalism from the bottom-up Martin Chanock
    2. Human rights monitoring, state compliance, and the problem of information Sally Engle Merry
    3. Intellectual property and the creation of global rules Susan K. Sell
    Part II. The Global Transfer of Norms:
    4. Colonizing the clinic: the adventures of law in HIV treatment and research Carol A. Heimer and Jaimie Morse
    5. The politics of Islamic law and human rights: Sudan's rival legal systems Mark Fathi Massoud
    6. Women seeking justice at the intersection between vernacular and state laws and courts in rural KwaZulu-Natal, South Africa Sindiso Mnisi Weeks
    Part III. Global Institutions and the Changing Roles of Judges and Lawyers:
    7. New legal realism and international law Gregory Shaffer
    8. The deconstruction of offshore Sol Picciotto
    9. The changing role of lawyers in China: state bureaucrats, market brokers, and political activists Sida Liu
    Part IV. Global Justice:
    10. The irreconcilable goals of transitional justice Bronwyn Leebaw
    11. Pushing states to prosecute: positive complementarity, the Inter-American Court and the ICC Alexandra Huneeus
    12. When law and social science diverge: causation in the international law of incitement to commit genocide Richard A. Wilson.

  • Editors

    Heinz Klug, University of Wisconsin School of Law
    Heinz Klug is Evjue-Bascom Professor of Law at the University of Wisconsin Law School, Madison. Having grown up in South Africa, he participated in the anti-apartheid struggle, spent eleven years in exile, and returned in 1990 as a member of the African National Congress Land Commission. Professor Klug's book on South Africa's democratic transition, Constituting Democracy, was published by Cambridge University Press in 2000.

    Sally Engle Merry, New York University
    Sally Engle Merry is Silver Professor of Anthropology at New York University. She is the author or editor of nine books, including the J. Willard Hurst Prize-winning Colonizing Hawai'i: The Cultural Power of Law (2000). Her most recent book is The Quiet Power of Indicators (coedited with Kevin Davis, Angelina Fisher, and Benedict Kingsbury, 2015).

    Contributors

    Michael McCann, Heinz Klug, Sally Engle Merry, Martin Chanock, Susan K. Sell, Carol A. Heimer, Jaimie Morse, Mark Fathi Massoud, Sindiso Mnisi Weeks, Gregory Shaffer, Sol Picciotto, Sida Liu, Bronwyn Leebaw, Alexandra Huneeus, Richard A. Wilson

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