New Legal Realism and International Law

The new legal realism: Studying Law Globally Vol II. Heinz Klug, Elizabeth Mertz and Sally Engle Merry, eds.. Cambridge: Cambridge Univ. Press. (2016).

UC Irvine School of Law Research Paper No. 2015-63

18 Pages Posted: 5 Jun 2015 Last revised: 14 Dec 2017

See all articles by Gregory Shaffer

Gregory Shaffer

University of California, Irvine School of Law

Date Written: June 3, 2015

Abstract

Distinctive features of a new legal realist approach to international law are its commitment to empirical work, its assessment of the role of institutions in meditating the pursuit of social goals, its engagement with critical analysis in a self-reflective manner to question incoming biases, and its grounding in social problems in a pragmatist vein. The purpose of engaging in research in a new legal realist vein is to uncover issues and perspectives through empirical engagement about which we are otherwise ignorant, permitting our incoming predispositions (inevitable no matter how neutral we try to be) to be challenged and transformed. This is particularly important in a world characterized by constituencies with different priorities, perspectives, and opportunities to be heard. The chapter situates new legal realism in relation to the original legal realist movement in the United States and the current transnational context. It provides research examples of what a new legal realist approach to international law offers.

Keywords: new legal realism; pragmatism; empiricism; transnational legal ordering; emergent analytics

Suggested Citation

Shaffer, Gregory C., New Legal Realism and International Law (June 3, 2015). The new legal realism: Studying Law Globally Vol II. Heinz Klug, Elizabeth Mertz and Sally Engle Merry, eds.. Cambridge: Cambridge Univ. Press. (2016).; UC Irvine School of Law Research Paper No. 2015-63. Available at SSRN: https://ssrn.com/abstract=2614013

Gregory C. Shaffer (Contact Author)

University of California, Irvine School of Law ( email )

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

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