Realistic Socio-Legal Theory
Pragmatism and a Social Theory of Law
Series: Oxford Socio-Legal Studies;
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32 487 Ft
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Product details:
- Publisher Clarendon Press
- Date of Publication 29 July 1999
- ISBN 9780198298250
- Binding Paperback
- No. of pages296 pages
- Size 216x139x17 mm
- Weight 355 g
- Language English 0
Categories
Short description:
In this paperback edition Tamanaha constructs the foundations for a new 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 he illustrates through concrete examples taken from judicial decision- making. Writing in a clear and concise fashion Tamanaha successfully combines a grounding in social science with legal theory and an exploration of the actual practice of law.
MoreLong description:
Drawing on philosophical pragmatism, 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 that draws equally from legal theory and socio-legal theory.
`This book provides a useful, and at times provocative, review of recent developments in legal theory. Because it covers considerable territory, it should be a good addition to one's professional library . . . there is much to commend in this book. It is well written, ably argued, and generally knowledgeable. It treats controversial topics forthrightly . . .an excellent review of the legal theory literature. . . . It should provide a worthwhile venture into familiar debates rendered from a perspective that owes allegiance to no side.' Law and Politics Book Review
`by any criterion and excellent book . . .Tamanaha has produced a work which should feature as a core text in jurisprudence courses' Oxford Journal of Legal Studies
`This is the most significant piece of work for anybody in Jurisprudence, Socio-Legal Studies, or Legal Theory' Neil MacCormick
`a rich insight into almost every question legal theory has vexed itself over the past twenty-five years' Stanley Fish
Table of Contents:
Introduction: The State of Socio-Legal Studies
Pragmatism and Realistic Socio-Legal Studies
Behaviourism and Interpretivism 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
Bibliography
Index
