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The New Legal Realism
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Book description

This is the second of two volumes announcing the emergence of the new legal realism. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume 2 explores the integration of global perspectives and information into our understanding of law. Increasingly, local experiences of law are informed by broader interactions of national, international, and global law. Lawyers, judges, and other legal actors often have to respond to these broader contexts, while those pursuing justice in various global contexts must wrestle with the specific problems of translation that emerge when different concepts of law and local circumstances interact. Using empirical research, the authors in this path-breaking volume shed light on current developments in law at a global level.

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  • Frontmatter
    pp i-iv
  • Dedication
    pp v-vi
  • Contents
    pp vii-viii
  • List of contributors
    pp ix-xiv
  • Preface to The New Legal Realism, Volumes I and II
    pp xv-xxiv
  • 1 - Introduction
    pp 1-10
  • Section I - The Globalization of Law
    pp 11-12
  • 2 - African Constitutionalism From the Bottom Up
    pp 13-31
  • 3 - Human Rights Monitoring, State Compliance, and the Problem of Information
    pp 32-51
  • 4 - Intellectual Property and the Creation of Global Rules
    pp 52-66
  • Section II - The Global Transfer of Norms
    pp 67-68
  • 5 - Colonizing the Clinic: The Adventures of Law in HIV Treatment and Research
    pp 69-95
  • 6 - The Politics of Islamic Law and Human Rights: Sudan's Rival Legal Systems
    pp 96-112
  • Section III - global institutions and the changing roles of judges and lawyers
    pp 143-144
  • 8 - New Legal Realism and International Law
    pp 145-159
  • 9 - The Deconstruction of Offshore
    pp 160-179
  • Section IV - Global Justice
    pp 199-200
  • 11 - The Irreconcilable Goals of Transitional Justice
    pp 201-224
  • Index
    pp 265-282


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