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The Role of Social Science in Law


Description: The legal system relies on social science for answers to many tough questions. Social scientists study issues relevant to law. But are law and social science talking past one another? This collection of important articles and essays explores the difficult process of translation between these two fields, drawing on three different scholarly perspectives - the 'insider' approach which views social science as a tool that lawyers can use for legal ends, the 'outsider' approach of the law and society or sociology of law movement, and the study of the language of law. Each section of the volume combines theoretical articles with specific empirical examples, ranging from the death penalty through anti-discrimination law to family violence.


Contents: Series preface

Introduction

Part I

Problematizing and Analyzing Translation
The Transparency Myth
The Transparency Myth
Translation or Transformation?: Intellectual integration, James Boyd White
Judicial use of social science research, John Monahan and Laurens Walker.
Translation Problems and the Death Penalty: Uses and abuses of empirical evidence in the death penalty debate, John Donahue and Justin Wolfers
The changing nature of the death penalty debates, Michael L. Radelet and Marian J. Borg
The death penalty dialogue between law and social science, David C. Baldus

Part II

Translating Social Science in Legal Settings
Across Divergent Frames
Teaching lawyers the language of law
legal and anthropological translations, Elizabeth Mertz
Can Law learn from social science?, David Nelken
Law and the methodology of law, Edward L. Rubin
Legal perceptions of science and expert knowledge, Joseph Sanders, Shari S. Diamond and Neil Vidmar.
Discrimination in the Civil Law Context: Jurisprudence, Edmond Cahn
The future of Bakke: will social science matter?, Deborah Jones Merritt
Social science research on trial: use of sex stereotyping research in Price Waterhouse v. Hopkins, Susan T. Fiske, Donald N. Bersoff, Eugene Borgida, Kay Deaux and Madeline E. Heilman.

Part III

Professional, Institutional and Wider Sociocultural Contexts of Translation
Legal Decisions in Diverse Settings
Observations on an uncomfortable relationship: civil procedure and empirical research, Bryant G. Garth
Some philosophical resources for an account of truth practices in the American trial, Robert P. Burns
Knowledge on tap: police science and common knowledge in the legal regulation of drunkenness, Ron Levi and Mariana Valverde
The professional responsibility of professional schools to study and teach about the profession, David B. Wilkins.
Family Violence: Ambiguous responsibilities: law and conflicting expert testimony on the abused woman who shot her sleeping husband, Renée Römkens
Should judges close the gate on PAS and PA?, Justice R. James Williams.

Part IV

Informed and Critical Translations
Information and Critique
Using psychology to control law: from deceptive advertising to criminal sentencing, Shari Seidman Diamond
The anthropologist as expert witness, Lawrence Rosen; Critical traditions in law and society research, Susan S. Silbey and Austin Sarat. Law, Social Science and Social Struggle: The criminology of genocide: the death and rape of Darfur, John Hagan, Wenona Rymond-Richmond and Patricia Parker
Legally mediated identity: the National Environmental Policy Act and the bureaucratic construction of interests, Wendy Espeland
Cultural politics in an age of statistics: numbers, nations, and the making of Basque identity, Jacqueline Urla

Name index


Author Elizabeth Mertz is Professor at the University of Wisconsin Law School, USA and is Senior Research Fellow at the American Bar Foundation, USA.


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