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

12 Pages Posted: 14 Mar 2008 Last revised: 9 Jan 2009

Gregory Shaffer

University of California, Irvine School of Law

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.

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

JEL Classification: K00, K33, K23

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

Gregory C. Shaffer (Contact Author)

University of California, Irvine School of Law ( email )

401 E. Peltason Dr.
Ste. 1000
Irvine, CA 92612
United States

Paper statistics

Downloads
432
Rank
54,099
Abstract Views
2,064