Toward a Critical Race Realism

Abstract:     
Critical Race Theory (CRT) is one of the youngest progeny of Legal Realism, but CRTs methodological approach has often failed to draw heavily from two put forth by the realists - the intersection of law & social science and law & public policy. There is a long intellectual history winding its way from Legal Realism to Law-Science-Policy, to Yale's Divisional Studies Program and Law and Society, to Critical Legal Studies and CRT. CRT could put forth stronger arguments by employing social science research and methodologies. This is nothing new, as Charles Hamilton Houston is the predecessor to Critical Race Realism (CRR). And current movements such as the New Legal Realism Project, Behavioral Realism, and Empirical Legal Scholarship, help situate CRR.

Number of Pages in PDF File: 29

Keywords: Critical Race Theory, Empirical Legal Scholarship, Legal Realism, Legal History, Jurisprudence

working papers series