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From Movement to Mentality, from Paradigm to Perspective, from Action to Performance: Law and Society at Mid‐Life

Published online by Cambridge University Press:  27 December 2018

Austin Sarat
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Abstract

Kitty Calavita's Invitation to Law & Society: An Introduction to the Study of Real Law (2010) offers a broad and useful overview of the intellectual accomplishments of law and society scholars and a self‐confident assertion that they perform an invaluable service by focusing on “real law,” that is, law in action rather than law on the books. This essay argues that the field is more fragmented than Calavita notes and that law and society research is neither engaged with a common set of questions nor organized around a single central insight or an agreed‐upon paradigm. Moreover, this essay raises questions about Calavita's claims about “real” law and suggests that we complement law and society's traditional focus by examining the varied performances of law, whether in texts or in the world beyond those texts.

Type
Review Essay
Information
Law & Social Inquiry , Volume 39 , Issue 1 , Winter 2014 , pp. 217 - 225
Copyright
Copyright © American Bar Foundation, 2014 

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References

Brigham, John, and Harrington, Christine 1989. Realism and Its Consequences. International Journal of the Sociology of Law 17:41–62.Google Scholar
Calavita, Kitty 2010. Invitation to Law & Society: An Introduction to the Study of Real Law. Chicago: University of Chicago Press.Google Scholar
Cardozo, Benjamin 1921. The Nature of the Judicial Process. New Haven, CT: Yale University Press.Google Scholar
Cohen, Felix 1935. Transcendental Nonsense and the Functional Approach. Columbia Law Review 34:809–849.Google Scholar
Constable, Marianne 1994. Genealogy and Jurisprudence: Nietzsche, Nihilism, and the Social Scientification of Law. Law & Social Inquiry 19:551–590.Google Scholar
Constable, Marianne 2007. Just Silences: The Limits and Possibilities of Modern Law. Princeton, NJ: Princeton University Press.Google Scholar
Constable, Marianne Forthcoming. Our Word Is Our Bond. Palo Alto, CA: Stanford University Press.Google Scholar
Ellickson, Robert 1995. Order Without Law: How Neighbors Settle Disputes. Cambridge, MA: Harvard University Press.Google Scholar
Friedman, Lawrence 1986. The Law and Society Movement. Stanford Law Review 38:763–780.Google Scholar
Garth, Bryant, and Sterling, Joyce 1998. From Legal Realism to Law and Society: Reshaping Law for the Last Stages of the Social Activist State. Law & Society Review 32:409–472.Google Scholar
Geertz, Clifford 1979. Blurred Genres: The Reconfiguration of Social Thought. American Scholar 49:165–179.Google Scholar
Gordon, Robert 1984. Critical Legal Histories. Stanford Law Review 36:57–126.Google Scholar
Haines, N. William 2005. Empirical Scholarship: What Should We Study and How Should We Study It? http://www.aals.org/serlevinevices_newsletter_presFeb05.php (accessed October 2, 2013).Google Scholar
Kelman, Mark 1984. Trashing. Stanford Law Review 36:293–348.Google Scholar
Levine, Felice 1990. Goose Bumps and “The Search for Signs of Intelligent Life” in Sociolegal Studies: After Twenty‐Five Years. Law & Society Review 24:7–34.Google Scholar
Levinson, Sanford 2002. To All Persons Interested in Law and the Performing Arts. http://www.utexas.edu/law/colloquium/lawandarts/about.html (accessed October 2, 2013).Google Scholar
Llewellyn, Karl 1931. Some Realism About Realism. Harvard Law Review 44:1222–1264.Google Scholar
Llewellyn, Karl 1940. On Reading and Using the Newer Jurisprudence. Columbia Law Review 40:581–614.Google Scholar
Llewellyn, Karl 1960. The Common Law Tradition: Deciding Appeals. Boston, MA: Little, Brown & Co.Google Scholar
Macaulay, Stewart 1984. Law and the Behavior of Sciences: Is There Any There There? Law & Policy 6:149–187.Google Scholar
Munger, Frank 1998. Mapping Law and Society. In Crossing Boundaries: Traditions and Transformations in Law and Society Research, ed. Sarat, Austin, Constable, Marianne, Engel, David, Hans, Valerie, and Lawrence, Susan, 21–80. Evanston, IL: Northwestern University Press.Google Scholar
Peller, Gary 1985. The Metaphysics of American Law. California Law Review 73:1152–1290.Google Scholar
Pound, Roscoe 1923. The Theory of Judicial Decision. Harvard Law Review 36:641–662.Google Scholar
Sarat, Austin 1985. Legal Effectiveness and Social Studies of Law: On the Unfortunate Persistence of a Research Tradition. Legal Studies Forum 9:23–32.Google Scholar
Sarat, Austin 1994. Vitality Amidst Fragmentation: On the Emergence of Postrealist Law and Society Scholarship. In The Blackwell Companion to Law and Society, ed. Sarat, Austin, 1–12. Malden, MA: Blackwell.Google Scholar
Sarat, Austin 1998. President's Column. Law & Society Association Newsletter October.Google Scholar
Sarat, Austin, and Silbey, Susan 1988. The Pull of the Policy Audience. Law & Policy 10:97–166.Google Scholar
Simon, Jonathan 2000. Law After Society. Law & Social Inquiry 24:143–194.Google Scholar
Trubek, David, and Esser, John 1987. Critical Empiricism in American Legal Studies: Paradox, Program, or Pandora's Box. Law & Social Inquiry 14:3–52.Google Scholar