I ‘d like to add two points to this interesting discussion:
1. I would commend taking some time to read in detail what people who call themselves “new legal realists” are actually saying. Careful readings of the older realists are very welcome, of course – but why not look closely at some of the newer material?…
A very wise colleague once told me to understand scholarly developments it is helpful to ask, who is the enemy? As John Schlegel points out, for “old” legal realism, the enemy was formalism…
… continuing our July conversation …..
On defining New Legal Realism: I would stress the term “new” in New Legal Realism. This effort is Realist because it isn’t primarily focused on judges, legal rules, and elaborate system building after the fashion of Williston or Wigmore. NLR is interested in the consequences of law — both the intended and the unintended….
OUR NEXT GUEST BLOGGER: Schlegel! on Leiter
We welcome Schlegel! of SUNY-Buffalo Law School, who has sent us a comment on Brian Leiter’s recent article about “Realism, Old and New”. This will be followed by some additional posts on the subject of defining New Legal Realism. We welcome comments that contribute to a substantive conversation at email@example.com.