INTERNATIONAL ECONOMIC LAW - THE STATE & FUTURE OF THE DISCIPLINE, Colin B. Picker, Isabella Bunn & Douglas Arner, eds., pp. 29-42, Hart Publishing, 2008
12 Pages Posted: 14 Mar 2008 Last revised: 9 Jan 2009
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.
Keywords: International, International Economic Law, International Law, Transatlantic Relations, Comparative Law; Law & Society
JEL Classification: K00, K33, K23
Suggested Citation: 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: https://ssrn.com/abstract=1105498
By Brian Leiter