A New Realism for Legal Studies

23 Pages Posted: 25 May 2006

Abstract

McEvoy charts a distinct strand of new legal realist thought, arguing that it is not a canon but rather an emergent style of research in legal studies - one that can be traced through the past twenty years. This emergent style of research examines the reciprocal constitution through recursive interaction of law, environment, and culture. Salient characteristics of McEvoy's conception of NLR research include its focus on situated analysis, on law as it emerges in social interactions, and on the complex interplay of ideas and action often denominated legal consciousness. The article uses examples from younger scholars in fields ranging from sociology to history to demonstrate the emergence of the way this new approach makes empirical claims that are adequate to the complex realities of a postmodern world.

Keywords: legal theory, critical theory, new legal realism, recursivity, legal consciousness

Suggested Citation

McEvoy, Arthur F., A New Realism for Legal Studies. Wisconsin Law Review, Vol. 2005, No. 2, pp. 443-454, 2005, Univ. of Wisconsin Legal Studies Research Paper No. 1013, Available at SSRN: https://ssrn.com/abstract=896758

Arthur F. McEvoy (Contact Author)

Southwestern Law School ( email )

3050 Wilshire Blvd.
Los Angeles, CA 90010
United States

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