scholarly journals The New Legal Realist Approach to International Law

2015 ◽  
Vol 28 (2) ◽  
pp. 189-210 ◽  
Author(s):  
GREGORY SHAFFER
Keyword(s):  
Problem Solving ◽  
Empirical Study ◽  
International Law ◽  
Legal Realism ◽  
Realist Approach ◽  
Potential Risks ◽  
Changes Over Time ◽  
Legal Normativity ◽  
Over Time

AbstractThe New Legal Realist approach to international law builds from a jurisprudential tradition that asks how actors use and apply law in order to understand how law obtains meaning, is practised, and changes over time. The article addresses the jurisprudential roots of the New Legal Realism, its core attributes, and six important components in the current transnational context. In the pragmatist tradition, the New Legal Realism is both empirical and problem-centred, attending to both context and legal normativity. What is new is the rise of transnational activity that gives rise to an enlarged scope of transnational problem-solving through international law in radically new ways across areas of law, and the growth of empirical study of these phenomena. The article concludes by addressing the potential risks of the New Legal Realist approach in terms of scientism and relativism, and it responds to them.

scholarly journals New Legal Realism's Rejoinder

2015 ◽  
Vol 28 (3) ◽  
pp. 479-486 ◽  
Author(s):  
GREGORY SHAFFER
Keyword(s):  
United States ◽  
International Law ◽  
Empirical Work ◽  
The United States ◽  
Normative Theory ◽  
Legal Realism ◽  
Third Stream ◽  
Legal Positivist ◽  
Changes Over Time ◽  
Over Time

AbstractThis rejoinder responds to criticisms by Jan Klabbers and Ino Augsberg of ‘The New Legal Realist Approach to International Law’ (Leiden Journal of International Law, Volume 28:2, 2015). The New Legal Realism brings together empirical and pragmatic perspectives in order to build theory regarding how law obtains meaning, is practised, and changes over time. In contrast with conceptualists, such as Augsberg, legal realists do not accept the priority of concepts over facts, but rather stress the interaction of concepts with experience in shaping law's meaning and practice. Klabbers, as a legal positivist, questions the value of the turn to empirical work and asks whether it is a fad. This rejoinder contends that the New Legal Realism has deep jurisprudential roots in Europe and the United States, constituting a third stream of jurisprudence involving the development of sociolegal theory, in complement with, but not opposed to, analytic and normative theory.

Part II Approaches, Ch.16 Realist Approaches to International Law

2016 ◽  
Author(s):  
Jütersonke Oliver
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Political Realism ◽  
Legal Realism ◽  
Realist Approach ◽  
Intellectual Heritage ◽  
Argumentative Strategy ◽  
Realist Position ◽  
External Position ◽  
Argumentative Structure

This chapter outlines some of the linkages between a genuinely legal realist approach to (international) law and jurisprudence, and the claims of political realists about the role and status of law in the international sphere. It explores realism as an argumentative strategy, in considering what an argumentative structure would look like in international legal thought. The second part of the chapter then examines the intellectual heritage of what has explicitly been labelled ‘legal realism’, in both its American and Scandinavian versions, in order to find a place for a legal realist position within the canon of legal theory. Finally, the chapter seeks to relate the views of political realism about international law to the ways in which international lawyers themselves have sought to include an external position about the reality of international law into their own theories and doctrines.

Averaging Across Asset Allocation Models

2015 ◽  
Vol 235 (1) ◽  
pp. 61-81 ◽  
Author(s):  
Peter Schanbacher
Keyword(s):  
Empirical Study ◽  
Asset Allocation ◽  
Risk Function ◽  
Combined Model ◽  
Data Set ◽  
Individual Model ◽  
Risk Functions ◽  
Changes Over Time ◽  
Simple Average ◽  
Over Time

Summary Combination of asset allocation models is rewarding if (i) the applied risk function is concave and (ii) there is no dominating model. We show that most common risk functions are either concave or at least concave in common applications. In a comprehensive empirical study using standard asset allocation models we find that there is no constantly dominating model. The ranking of the models depends on the data set, the risk function and even changes over time. We find that a simple average of all asset allocation models can outperform each individual model. Our contribution is twofold. We present a theory why the combined model is expected to dominate most individual models. In a comprehensive empirical study we show that model combinations perform exceptionally well in asset allocation.

European New Legal Realism and International Law: How to Make International Law Intelligible

2015 ◽  
Vol 28 (2) ◽  
pp. 211-230 ◽  
Author(s):  
JAKOB V. H. HOLTERMANN ◽  
MIKAEL RASK MADSEN
Keyword(s):  
Social Sciences ◽  
International Law ◽  
Complex Analysis ◽  
Sociology Of Law ◽  
Empirical Methods ◽  
Legal Realism ◽  
Realist Approach ◽  
The Social ◽  
Object Of Study ◽  
Domestic Law

AbstractInternational law remains in many ways a challenge to legal science. As in domestic law, the available options appear to be exhausted by either internal doctrinal approaches, or external approaches applying more general empirical methods from the social sciences. This article claims that, while these major positions obviously provide interesting insights, none of them manage to make international law intelligible in a broader sense. Instead, it argues for a European New Legal Realist approach to international law accommodating the so-called external and internal dimensions of law in a single more complex analysis which takes legal validity seriously but as a genuinely empirical object of study. This article constructs this position by identifying a distinctively European realist path which takes as its primary inspirations Weberian sociology of law and Alf Ross’ Scandinavian Legal Realism and combines them with insights originating from Bourdieusian sociology of law.

Comparison of two devices for measuring exercise transcutaneous oxygen pressures in patients with claudication

VASA ◽  
2015 ◽  
Vol 44 (5) ◽  
pp. 355-362 ◽  
Author(s):  
Marie Urban ◽  
Alban Fouasson-Chailloux ◽  
Isabelle Signolet ◽  
Christophe Colas Ribas ◽  
Mathieu Feuilloy ◽  
...  
Keyword(s):  
Oxygen Pressure ◽  
Optical Sensors ◽  
Chemical Sensors ◽  
Transcutaneous Oxygen ◽  
Starting Values ◽  
Two Systems ◽  
Transcutaneous Oxygen Pressure ◽  
New Sensors ◽  
Changes Over Time ◽  
Over Time

Abstract. Summary: Background: We aimed at estimating the agreement between the Medicap® (photo-optical) and Radiometer® (electro-chemical) sensors during exercise transcutaneous oxygen pressure (tcpO2) tests. Our hypothesis was that although absolute starting values (tcpO2rest: mean over 2 minutes) might be different, tcpO2-changes over time and the minimal value of the decrease from rest of oxygen pressure (DROPmin) results at exercise shall be concordant between the two systems. Patients and methods: Forty seven patients with arterial claudication (65 + / - 7 years) performed a treadmill test with 5 probes each of the electro-chemical and photo-optical devices simultaneously, one of each system on the chest, on each buttock and on each calf. Results: Seventeen Medicap® probes disconnected during the tests. tcpO2rest and DROPmin values were higher with Medicap® than with Radiometer®, by 13.7 + / - 17.1 mm Hg and 3.4 + / - 11.7 mm Hg, respectively. Despite the differences in absolute starting values, changes over time were similar between the two systems. The concordance between the two systems was approximately 70 % for classification of test results from DROPmin. Conclusions: Photo-optical sensors are promising alternatives to electro-chemical sensors for exercise oximetry, provided that miniaturisation and weight reduction of the new sensors are possible.

Neuropsychological Symptoms in Posttraumatic Stress Disorder and Changes Over Time

2007 ◽  
Author(s):  
Miranda Olff ◽  
Mirjam Nijdam ◽  
Kristin Samuelson ◽  
Julia Golier ◽  
Mariel Meewisse ◽  
...  
Keyword(s):  
Posttraumatic Stress Disorder ◽  
Posttraumatic Stress ◽  
Stress Disorder ◽  
Neuropsychological Symptoms ◽  
Changes Over Time ◽  
Over Time

Changes Over Time in Adaptive Behavior Functioning of Twice-Exceptional Children

2010 ◽  
Author(s):  
Rebecca D. Stinson ◽  
Zachary Sussman ◽  
Megan Foley Nicpon ◽  
Allison L. Allmon ◽  
Courtney Cornick ◽  
...  
Keyword(s):  
Adaptive Behavior ◽  
Exceptional Children ◽  
Twice Exceptional ◽  
Changes Over Time ◽  
Over Time
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