From “Scientism Without Determinism” to “Interpretation Without Politics”: A Reply to Sarat, Harrington and Yngvesson

Esser, John P.; Trubek, David M.

doi:10.1111/j.1747-4469.1990.tb00280.x

Cited by 3 publications

(1 citation statement)

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“…(For an interesting commentary on the rise and putative fall of the CLS movement, see Bhim, 1990, and the articles reviewed therein.) The same can be said for lesserknown but innovative perspectives like "critical empiricism" (Trubek & Esser, 1989) and the intellectual debates that they have sparked (e.g., Harrington & Yngvesson, 1990;ViUmoare, 1990;Sarat, 1990;and, Esser & Trubek, 1990). z~ For example, see Menkel-Meadow and Diamond's (1991)…”

Section: Methodological Conservatismmentioning

confidence: 95%

Psychology and legal change: The impact of a decade.

Haney¹

1993

Law and Human Behavior

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This article takes stock of one aspect of psychologically based empirical jurisprudence—its role in legal change over the last decade. It assesses the ways in which the increased involvement of psychology in the legal process has influenced and affected the nature and direction of legal change. While acknowledging very real and tangible successes, it also identifies several problem areas, ones whose significance may grow in light of an increasingly unsympathetic, conservative judiciary. The direction of psychology and law, as an applied academic discipline, and the future of empirically based legal change are also examined.

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Section: Methodological Conservatismmentioning

confidence: 95%

Psychology and legal change: The impact of a decade.

Haney¹

1993

Law and Human Behavior

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Sociological Jurisprudence Past and Present

Tamanaha¹

2019

Law Soc. Inq.

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Through the mid-twentieth century, jurisprudents considered sociological jurisprudence to be one of the most influential theories of law in the United States. By end of the century, however, it had virtually disappeared. The publication of Roger Cotterrell’s Sociological Jurisprudence: Juristic Thought and Social Inquiry (2018) provides an occasion to examine what this theory of law was about, why it disappeared, and its prospects for revival. The topics covered in this essay are the circumstances surrounding the origin of sociological jurisprudence, the tenets of sociological jurisprudence, the successes of sociological jurisprudence, its relationship with sociology of law, its relationship with legal realism, its place in contemporary jurisprudence, and finally, the need to keep jurisprudence open.

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Judicial Scripts in the Dramaturgy of the Small Claims Court

McGuire

Macdonald

1996

Can. j. law soc.

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The Small Claims Court is designed to improve access to justice through a number of procedures, the net effect of which is to enhance the role of the judge as manager of the adjudicative process. The essay reports the results of interviews with 14 Small Claims Court judges in Montreal. Attitudes of judges about their responsibility to ensure a fair hearing, to assist litigants in presenting their cases and to adjust the substance of rules of law and evidence are surveyed. The study also canvasses judicial perceptions and responses to Small Claims Court plaintiffs who may be from ethno-cultural minorities. It concludes that despite their discretion to depart from a strictly adversarial adjudicative posture, judges rarely do so. It also concludes that judges do not see their role as requiring them to take special account of the expectations and understandings of ethno-cultural communities. Informality of proceedings, low filing fees, and the exclusion of lawyers are thought by judges to be a sufficient concession to enhanced access. Transforming the object and processes of civil disputes is not seen as a proper endeavour for the court

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From “Scientism Without Determinism” to “Interpretation Without Politics”: A Reply to Sarat, Harrington and Yngvesson

Cited by 3 publications

References 4 publications

Psychology and legal change: The impact of a decade.

Psychology and legal change: The impact of a decade.

Sociological Jurisprudence Past and Present

Judicial Scripts in the Dramaturgy of the Small Claims Court

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