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http://ssrn.com/abstract=1105498
 
 

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A New Legal Realism: Method in International Economic Law Scholarship


Gregory Shaffer


University of California, Irvine School of Law


INTERNATIONAL ECONOMIC LAW - THE STATE & FUTURE OF THE DISCIPLINE, Colin B. Picker, Isabella Bunn & Douglas Arner, eds., pp. 29-42, Hart Publishing, 2008
Minnesota Legal Studies Research Paper No. 09-01

Abstract:     
This paper provides a typology and brief assessment of four varieties of international law scholarship: formalist/doctrinal, normative/activist, theoretical/analytical, and empirical. It then develops an argument about the particular importance of empirical work from a "new legal realist" orientation. The paper contends that the distinctive features of a new legal realist approach are its commitment to empirical work, in particular of a qualitative nature, its engagement with critical analysis, and its commitment to translating empirical findings for a legal policy audience. This translation takes two forms. The paper situates "new legal realism" in relation to the original legal realist movement in the United States. A larger work-in-progress addresses its relation to the predominant theoretical perspectives on international law that have emerged.

Number of Pages in PDF File: 12

Keywords: International, International Economic Law, International Law, Transatlantic Relations, Comparative Law; Law & Society

JEL Classification: K00, K33, K23

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Date posted: March 14, 2008 ; Last revised: January 9, 2009

Suggested Citation

Shaffer, Gregory, A New Legal Realism: Method in International Economic Law Scholarship. INTERNATIONAL ECONOMIC LAW - THE STATE & FUTURE OF THE DISCIPLINE, Colin B. Picker, Isabella Bunn & Douglas Arner, eds., pp. 29-42, Hart Publishing, 2008; Minnesota Legal Studies Research Paper No. 09-01. Available at SSRN: http://ssrn.com/abstract=1105498

Contact Information

Gregory C. Shaffer (Contact Author)
University of California, Irvine School of Law ( email )
401 E. Peltason
Irvine, CA 92612
United States
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