New Legal Realism, empiricism, and scientism: the relative objectivity of law and social science

In this article, I suggest that one of the central characteristics of New Legal Realism is the productive tension between empiricist and pragmatist theories of knowledge which lies at its core. On one side, new realist work in its empiricist posture seeks to use empirical knowledge of the world as the basis on which to design, interpret, apply, and criticize the law. On the other, in its pragmatist moments, it explicitly draws attention to the social and political contingency of any claims to empirical knowledge of the world, including its own. As a consequence, it is distinctive of much scholarship in the New Legal Realist vein that it continually enacts creative syntheses of different philosophies of truth in an attempt to be, in Shaffer's words, ‘positivist . . . interpretivist, and legal realist all at once’. The first part of this article draws on existing historical accounts of legal realism briefly to trace the problematic and ambiguous place of scientism in the legal realist tradition. Then, in the second and more important part of the article, I argue that the ambivalence of the legal realists’ vision has left us, in certain contexts, with a complicated form of mixed legal-scientific governance which has proved remarkably and surprisingly resilient in the face of late twentieth century critiques of scientific objectivity. This may be one of the most enduring legacies of the ‘old’ legal realists for those today who work in the New Legal Realist vein

The consequences of Brexit: some complications frominternational law

Britain’s international trade obligations seriously complicate the question of Britain’s exit from the EU, and significantly expand the range of stakeholders with a say in how the process would be managed

Revisiting the distance to the nearest UHECR source: Effects of extra-galactic magnetic fields

We update the constraints on the location of the nearest UHECR source. By analyzing recent data from the Pierre Auger Observatory using state-of-the-art CR propagation models, we reaffirm the need of local sources with a distance less than 25-100 Mpc, depending on mass composition. A new fast semi-analytical method for the propagation of UHECR in environments with turbulent magnetic fields is developed. The onset of an enhancement and a low-energy magnetic horizon of cosmic rays from sources located within a particular distance range is demonstrated. We investigate the distance to the nearest source, taking into account these magnetic field effects. The results obtained highlight the robustness of our constrained distances to the nearest source

Efficient DMFT-simulation of the Holstein-Hubbard Model

We present a method for solving impurity models with electron-phonon coupling, which treats the phonons efficiently and without approximations. The algorithm is applied to the Holstein-Hubbard model in the dynamical mean field approximation, where it allows access to strong interactions, very low temperatures and arbitrary fillings. We show that a renormalized Migdal-Eliashberg theory provides a reasonlable description of the phonon contribution to the electronic self energy in strongly doped systems, but fails if the quasiparticle energy becomes of order of the phonon frequency.Comment: Published versio

Governing 'as if': global subsidies regulation and the benchmark problem

As a result of the extraordinary work of Foucault, Shapin and Schaffer, Porter, and many others, we are familiar with many of the practices of governance which emerged during the 19th century at the intersection of the modern social sciences and the modern state, as ‘naturalized’ knowledge of an objectified social body formed the foundation of specific kinds of social and political order. But over the course of the 20th century, critiques of objectivity have become commonplace, and a post-positivist epistemological revolution has taken root in many quarters. How, then, have practices of governance-through-knowledge modified themselves in response to a century of such critiques? This article takes inspiration from the work of Jasanoff, Riles, Latour and others to identify a mode of ‘governing as if’: a pragmatic mode of governance which works not through the production of objective knowledge as the shared epistemic foundation for political settlements, but rather by generating knowledge claims that stabilize social orderings precisely through their self-conscious partiality, contingency, and context-dependence. This argument is developed using the illustration of global subsidies regulation in World Trade Organization law, focussing in particular on the knowledge practices by which particular conceptions of ‘the market’ are produced and deployed in the course of its operation. The article argues that the standard criticisms of naturalized economic conceptions of the ‘free market’, developed in various scholarly traditions throughout the 20th century, do not provide an adequate account of economic governance working in ‘as if’ mode, either positively or normatively. It further argues, following Riles, that such regimes of governance derive their effectiveness fundamentally from their ‘hollow core’, and that it is in the constant and active work of ‘hollowing out’ that we are likely to find their characteristic modalities of power and underlying structural dynamics