The New Legal Realism: Studying Law Globally

doi:10.1017/CBO9781139683432

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.

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Contents

Frontmatter
pp i-iv
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Dedication
pp v-vi
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Contents
pp vii-viii
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List of contributors
pp ix-xiv
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Preface to The New Legal Realism, Volumes I and II
pp xv-xxiv
- By Michael McCann, University of Washington (UW)
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1 - Introduction
pp 1-10
- By Heinz Klug, University of Wisconsin Law School, Sally Engle Merry, New York University
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Section I - The Globalization of Law
pp 11-12
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2 - African Constitutionalism From the Bottom Up
pp 13-31
- By Martin Chanock, La Trobe Law School in Melbourne
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3 - Human Rights Monitoring, State Compliance, and the Problem of Information
pp 32-51
- By Sally Engle Merry, New York University
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4 - Intellectual Property and the Creation of Global Rules
pp 52-66
- By Susan K. Sell, George Washington University
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Section II - The Global Transfer of Norms
pp 67-68
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5 - Colonizing the Clinic: The Adventures of Law in HIV Treatment and Research
pp 69-95
- By Carol A. Heimer, Northwestern University, Jaimie Morse, Northwestern University
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6 - The Politics of Islamic Law and Human Rights: Sudan's Rival Legal Systems
pp 96-112
- By Mark Fathi Massoud, University of California, Santa Cruz
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7 - Women Seeking Justice At the Intersection Between Vernacular and State Laws and Courts in Rural KwaZulu-Natal, South Africa
pp 113-142
- By Sindiso Mnisi Weeks, University of Massachusetts
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Section III - global institutions and the changing roles of judges and lawyers
pp 143-144
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8 - New Legal Realism and International Law
pp 145-159
- By Gregory Shaffer, University of California at Irvine School of Law
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9 - The Deconstruction of Offshore
pp 160-179
- By Sol Picciotto, Lancaster University
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10 - The Changing Roles of Lawyers in China: State Bureaucrats, Market Brokers, and Political Activists
pp 180-198
- By Sida Liu, University of Wisconsin–Madison
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Section IV - Global Justice
pp 199-200
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11 - The Irreconcilable Goals of Transitional Justice
pp 201-224
- By Bronwyn Leebaw, University of California, Riverside
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12 - Pushing States to Prosecute Atrocity: The Inter-American Court and Positive Complementarity
pp 225-241
- By Alexandra Huneeus, University of Wisconsin–Madison
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13 - When Law and Social Science Diverge: Causation in the International Law of Incitement to Commit Genocide
pp 242-264
- By Richard A. Wilson, University of Connecticut Law School
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Index
pp 265-282
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The New Legal Realism

Studying Law Globally

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Contents

Frontmatter
pp i-iv

Dedication
pp v-vi

Contents
pp vii-viii

List of contributors
pp ix-xiv

Preface to The New Legal Realism, Volumes I and II
pp xv-xxiv

1 - Introduction
pp 1-10

Section I - The Globalization of Law
pp 11-12

2 - African Constitutionalism From the Bottom Up
pp 13-31

3 - Human Rights Monitoring, State Compliance, and the Problem of Information
pp 32-51

4 - Intellectual Property and the Creation of Global Rules
pp 52-66

Section II - The Global Transfer of Norms
pp 67-68

5 - Colonizing the Clinic: The Adventures of Law in HIV Treatment and Research
pp 69-95

6 - The Politics of Islamic Law and Human Rights: Sudan's Rival Legal Systems
pp 96-112

7 - Women Seeking Justice At the Intersection Between Vernacular and State Laws and Courts in Rural KwaZulu-Natal, South Africa
pp 113-142

Section III - global institutions and the changing roles of judges and lawyers
pp 143-144

8 - New Legal Realism and International Law
pp 145-159

9 - The Deconstruction of Offshore
pp 160-179

10 - The Changing Roles of Lawyers in China: State Bureaucrats, Market Brokers, and Political Activists
pp 180-198

Section IV - Global Justice
pp 199-200

11 - The Irreconcilable Goals of Transitional Justice
pp 201-224

12 - Pushing States to Prosecute Atrocity: The Inter-American Court and Positive Complementarity
pp 225-241

13 - When Law and Social Science Diverge: Causation in the International Law of Incitement to Commit Genocide
pp 242-264

Index
pp 265-282

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The New Legal Realism

Studying Law Globally

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