Realistic Socio-Legal Theory
Pragmatism and a Social Theory of Law
Series: Oxford Socio-Legal Studies;
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Product details:
- Publisher Clarendon Press
- Date of Publication 17 April 1997
- ISBN 9780198265603
- Binding Hardback
- No. of pages296 pages
- Size 224x143x20 mm
- Weight 479 g
- Language English 0
Categories
Short description:
Drawing upon philosophical pragmatism, Tamanaha constructs the foundations for a realistic approach to the social scientific study of law. He analyses the major schools of socio-legal theory, and articulates a `social theory of law' which is illustrated using concrete examples from judicial decision making. In a clear and concise fashion he combines a grounding in social science with legal theory and an exploration of the actual practice of law.
MoreLong description:
Combining philosophical pargmatism with a methodological foundation, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area. Thus Tamanaha explores the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. These issues are tackled in a clear and concise fashion while articulating a social theory of law which draws equally from legal theory and socio-legal theory.
by any criterion an excellent book ... Tamanaha has produced a work which should feature as a core text in jurisprudence courses.
Table of Contents:
Foreword
Introduction: The State of Socio-Legal Studies
Pragmatism and Realistic Socio-Legal Studies
Behaviourism and Interpretavism in Complement
An Analytical Map of the Concept of Law
A Social Theory of Law by Comparison to Legal Positivism
The Internal-External Distinction and the Notion of a Practice
Studies of Judicial Decision Making
Legal Theory and the Practice of Judging
Three Last Words
