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: Legal Theory BlogMertz Comments on Nourse & Shaffer on the New Legal Realism
By Lawrence Solum
On May 18, I posted the abstract of a very interesting paper by Victoria Nourse & Gregory Shaffer, Varieties of New Legal Realism: Can a New World Order Prompt a New Legal Theory?.
I recently received some comments on the paper from Elizabeth Mertz (whose work I have long admired). Here are her comments:
But I do really appreciate the exciting synthesis Greg and Victoria have put together, challenging all of us working in the area to think about our relationships with one another and with other strands of legal thought. Stewart and I are both great admirers of Victoria and Greg's work.
Beth Mertz
Greg Shaffer has also provided some comments on the post, which I will repeat here:
Full post as published by Legal Theory Blog on May 28, 2009 (boomark / email).
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This is a working draft and Victoria and I welcome comments on it. We are circulating the paper now. Beth Mertz, for example, just clarified to us that, in terms of her perspective on new legal realism, she does not require people to do empirical work (as per the excerpt from our draft in the blog, so we need to rephrase this). Rather she emphasizes the need for those in legal academia to be able to engage critically with empirical work, a point with which I agree. We are presenting the ideas in this paper at the annual Law and Society Association meeting in Denver on Friday, May 29 (12.30) and we will revise and post a new version of it after the meeting.