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Realistic Socio-Legal Theory Brian Z. Tamanaha (Associate Professor, Associate Professor, St John's University School of Law, New York)

Realistic Socio-Legal Theory By Brian Z. Tamanaha (Associate Professor, Associate Professor, St John's University School of Law, New York)

Summary

This edition constructs the foundations for an approach to the social scientific study of law. It analyses the major schools of socio-legal theory and articulates a 'social theory of law' that is illustrated through examples taken from judicial decision- making. It combines social science with legal theory.

Realistic Socio-Legal Theory Summary

Realistic Socio-Legal Theory: Pragmatism and a Social Theory of Law by Brian Z. Tamanaha (Associate Professor, Associate Professor, St John's University School of Law, New York)

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

About Brian Z. Tamanaha (Associate Professor, Associate Professor, St John's University School of Law, New York)

Brian Z. Tamanaha is Assistant Professor of Law at St John's University School in New York. He has worked as a practising lawyer and was a public defender in Hawaii and an assistant Attorney-General in Micronesia.

Table of Contents

1. Introduction: The State of Socio-Legal Studies ; 2. Pragmatism and Realistic Socio-Legal Studies ; 3. Behaviourism and Interpretivism in Complement ; 4. An Analytical Map of the Concept of Law ; 5. A Social Theory of Law by Comparison to Legal Positivism ; 6. The Internal/External Distinction and the Notion of a 'Practice' ; 7. Studies of Judicial Decision-Making ; 8. Legal Theory and the Practice of Judging ; Three Last Words ; Bibliography ; Index

Additional information

NLS9780198298250
9780198298250
0198298250
Realistic Socio-Legal Theory: Pragmatism and a Social Theory of Law by Brian Z. Tamanaha (Associate Professor, Associate Professor, St John's University School of Law, New York)
New
Paperback
Oxford University Press
1999-07-29
296
Winner of Awarded a Certificate of Special Recognition from the Law Society.
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