The New Legal Realism and The Realist View of Law

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Abstract

New legal realism (NLR) furthers the legal realist legacy by focusing attention on both the pertinent social science and the craft that typifies legal discourse and legal institutions. NLR's globalized ambitions also highlight the potential of a nonstatist view of law. The realist view of law raises three challenges facing NLR: identifying the “lingua franca” of law as an academic discipline within which NLR insights on translation and synthesis should be situated; conceptualizing NLR's focus on bottom-up investigation, so that it does not defy the rule of law; and recognizing the normative underpinning for NLR's reformist impulse.

Original languageEnglish
Pages (from-to)528-553
Number of pages26
JournalLaw and Social Inquiry
Volume43
Issue number2
DOIs
StatePublished - 1 Mar 2018

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