Whatever Happened to Gramsci? Some Reflections on New Legal Realism. (30th July 2015)

• Record Type: Journal Article
• Authors: KLABBERS, JAN
• Is Part Of: Leiden journal of international law. Volume 28:Number 3(2015:Sep.)
• Page Start: 469
• Page End: 478
• Publication Date: 2015-07-30
• Subjects: European Legal Realism, -- incidents, -- lnternational Legal Realism, -- le realism, -- new legal Realism; International law -- Periodicals; International courts -- Periodicals; 341.05
• DOI: 10.1017/S0922156515000230
• Languages: English
• ISSNs: 0922-1565

Abstract

Abstract: This article responds to five pieces published in the previous issue of the Leiden Journal of International Law, extolling the virtues of a new legal realism. I first express some doubts as to whether an awful lot can and should be expected from yet another new approach to the study of international law; earlier approaches widely heralded have quietly disappeared from sight, sometimes without leaving much trace. Subsequently, I discuss the extent to which the new international legal realism conceptualizes its notion of empirical reality, followed by a discussion on which interests the new insights spawned by new legal realism are to serve.