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A Realistic Theory of Law Brian Z. Tamanaha (Washington University, St Louis)

A Realistic Theory of Law By Brian Z. Tamanaha (Washington University, St Louis)

A Realistic Theory of Law by Brian Z. Tamanaha (Washington University, St Louis)


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Summary

This book is for legal theorists and social scientists interested in a theory of law as a social institution that changes in form and function over time and place, in connection with social, cultural, economic, political, ecological, and technological factors. The realistic theory presents a holistic vision of law within society.

A Realistic Theory of Law Summary

A Realistic Theory of Law by Brian Z. Tamanaha (Washington University, St Louis)

This book articulates an empirically grounded theory of law applicable throughout history and across different societies. Unlike natural law theory or analytical jurisprudence, which are narrow, abstract, ahistorical, and detached from society, Tamanaha's theory presents a holistic vision of law within society, evolving in connection with social, cultural, economic, political, ecological, and technological factors. He revives a largely forgotten theoretical perspective on law that runs from Montesquieu through the legal realists to the present. This book explains why the classic question 'what is law?' has never been resolved, and casts doubt on theorists' claims about necessary and universal truths about law. This book develops a theory of law as a social institution with varying forms and functions, tracing law from hunter-gatherer societies to the modern state and beyond. Tamanaha's theory accounts for social influences on law, legal influences on society, law and domination, multifunctional governmental uses of law, legal pluralism, international law, and other legal aspects largely overlooked in jurisprudence.

A Realistic Theory of Law Reviews

'This book displays Tamanaha's strengths: it is thoughtful, grounded on broad scholarship, written clearly, argued well, and offers a fair portrayal of contrary views. ... This is a very good and very important work. It is learned, clear, and provocative - in the best sense of that word.' Brian H. Bix, Frederick W. Thomas Professor of Law and Philosophy, University of Minnesota
'Tamanaha has written a book which will revive socio-legal theory and, in particular, will re-introduce historical jurisprudence as a key dimension for any social theory of law. This is a timely and important book, and promises to make a contribution to legal theory equal to if not more important than Tamanaha's earlier landmark books. Tamanaha works out a systematic account of the way in which concepts and notions of law transform from one historical era to another, at both local, state, and international levels, thereby showing detached, ahistorical theories to be misguided. The book will be of interest not only to socio-legal theorists and students, but to legal philosophers as well, as Tamanaha sets many of his key arguments against much mainstream analytical legal theory (e.g. the work of H. L. A. Hart, Joseph Raz, and John Finnis).' Michael Giudice, York University, Canada
'This book presents a masterly overview of a complex tradition. Tamanaha combines a bold historical overview with acute analysis to make a compelling case that social legal theory and empirical studies are an essential part of understanding law.' William Twining, University College London
'This book develops a holistic theory of law as a social institution with varying forms and functions, tracing law from hunter-gatherer societies to the modern state and beyond.' Howard S. Erlanger, Law & Social Inquiry

About Brian Z. Tamanaha (Washington University, St Louis)

Brian Tamanaha is William Gardiner Hammond Professor of Law at Washington University, St Louis School of Law. He is the author of eight books, including the prize-winning A General Jurisprudence of Law and Society (2001).

Table of Contents

Introduction; 1. The third branch of jurisprudence; 2. What is law?; 3. Necessary and universal truths about law?; 4. A genealogical view of law; 5. Law in the age of organizations; 6. What is international law?; Conclusion: a realistic theory of law.

Additional information

NLS9781316638514
9781316638514
1316638510
A Realistic Theory of Law by Brian Z. Tamanaha (Washington University, St Louis)
New
Paperback
Cambridge University Press
2017-05-26
208
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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