This insightful Research Handbook provides a definitive overview of the New Legal Realism (NLR) movement, reaching beyond historical and national boundaries to form new conversations. Drawing on deep roots within the law-and-society tradition, it demonstrates the powerful virtues of new legal realist research and its attention to the challenges of translation between social science and law. Highlighting a contrast with the current Empirical Legal Studies movement, chapters employ a variety of theoretically grounded methods to understand law and address legal problems. They explore an impressive range of contemporary issues including immigration, policing, globalization, legal education, and access to justice, concluding with an examination of how different social science disciplines intersect with NLR. Incorporating global perspectives, the Research Handbook on Modern Legal Realism will be a key resource for scholars and students of legal theory and sociolegal studies. Illuminating the best approaches for combining social science considerations with expert perspectives on legal doctrines, it will also be of interest to practitioners and policy makers working in fields such as criminal and family law.

Throughout the West, democracy is under fire. "Government is part of the problem, not the solution" is a common refrain. As the tasks of the state become more complex and the size of polities larger, the institutional forms of liberal democracy developed in the 19th century seem increasingly unable to cope. Rather than seeking to deepen the democratic character of politics, much energy in recent years has been directed as reducing the role of politics altogether. In Associations and Democracy, Joshua Cohen and Joel Rogers advance an innovative scheme for rejuvenating the democratic state. Their proposal involves the strengthening of secondary associations, organizations like unions, works councils, neighborhood associations, parent-teacher groups and women's societies. With enlivened secondary associations mediating between individual citizens and the state, active participation in the political process can be expanded and democracy enhanced. Such an approach raises a number of thorny issues: Can such associations retain their independence from government if they are pulled further into the political sphere? Will a shift from territorial to functional representation further fragment an already divided polity? In an array of original contributions, leading social scientists respond to Cohen and Rogers with questions like these; Cohen and Rogers, in turn, sum up the debate. The first of a series of polemics providing workable scenarios for a progressive future, Associations and Democracy is a lively and stimulating exploration of one of the central issues on today's political agenda.

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.

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.

South Africa's 1996 'Final' Constitution is widely recognised as the crowning achievement of the country's dramatic transition to democracy. This transition began with the unbanning of the liberation movements and release of Nelson Mandela from prison in February 1990. This book presents the South African Constitution in its historical and social context, providing students and teachers of constitutional law and politics an invaluable resource through which to understand the emergence, development and continuing application of the supreme law of South Africa. The chapters present a detailed analysis of the different provisions of the Constitution, providing a clear, accessible and informed view of the constitution's structure and role in the new South Africa. The main themes include: a description of the historical context and emergence of the constitution through the democratic transition; the implementation of the constitution and its role in building a new democratic society; the interaction of the constitution with the existing law and legal institutions, including the common law, indigenous law and traditional authorities; as well as a focus on the strains placed on the new constitutional order by both the historical legacies of apartheid and new problems facing South Africa. Specific chapters address the historical context, the legal, political and philosophical sources of the constitution, its principles and structure, the bill of rights, parliament and executive as well as the constitution's provisions for cooperative government and regionalism. The final chapter discusses the challenges facing the Constitution and its aspirations in a democratic South Africa.The book is written in an accessible style, with an emphasis on clarity and concision. It includes a list of references for further reading at the end of each chapter.

Against the backdrop of South Africa's transition from apartheid, this provocative book explores the role of late twentieth-century constitutionalism in facilitating political change. While using South Africa as a case study, Klug's larger project is to investigate why there has been renewed faith in justiciable constitutions and democratic constitutionalism, despite their many flaws. This examination of South Africa's constitution-making process provides important new insights into the role of law in the transition to democracy.

Against the backdrop of South Africa's transition from apartheid, this provocative book explores the role of late twentieth-century constitutionalism in facilitating political change. While using South Africa as a case study, Klug's larger project is to investigate why there has been renewed faith in justiciable constitutions and democratic constitutionalism, despite their many flaws. This examination of South Africa's constitution-making process provides important new insights into the role of law in the transition to democracy.