A General Jurisprudence of Law and Society
By (author) Brian Z. Tamanaha
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General Jurisprudence of Law and Society by Brian Z. Tamanaha
Book DescriptionA General Jurisprudence of Law and Society is a theoretical and sociological exploration of the relationship between law and society. Law is generally understood to be a mirror of society-a reflection of its customs and morals-that functions to maintain social order. Focusing on this common understanding, the book conducts a survey of Western legal and social theories about law and its relationship within society. It then engages in a theoretical and empirical critique of this common understanding. The theoretical critique exposes the mythical quality of the two most often repeated theories about the emergence of law, the evolutionary theory and the social contract theory. It also discusses a fundamental shift, resulting from Enlightenment ideas about reason and morality, in the theoretical understanding of the relationship between morality and law. The empirical critique covers various subjects, primarily including the impact of legal transplantation and globalization. Brian Z. Tamanaha then constructs an alternative universally applicable framework with which to understand the relationship between law and society. The core component to this framework is a non-essentialist approach to the concept of law, which provides a basis for understanding of the phenomenon of legal pluralism. Finally, the book articulates how this framework would operate in facilitating our ability to study, understand, and criticize the relationship between law and society in a variety of contexts around the world today. In addition to illuminating the relationship between law and society, a key aspect of the argument of this book is to construct an approach to law that integrates legal theory with sociological approaches to law.
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Book DetailsISBN: 9780199244669
(224mm x 145mm x 20mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 19-Jul-2001
Country of Publication: United Kingdom
Books By Author Brian Z. Tamanaha
Legal Pluralism and Development, Paperback (December 2013)
This book brings together contributions from academics and practitioners to explore the implications of legal pluralism for legal development.
Failing Law Schools, Hardback (August 2012)
On the surface, law schools today are thriving. Enrollments are on the rise, and their resources are often the envy of every other university department. Yet behind the flourishing facade, law schools are failing abjectly. This resource is suitable for assessing what's wrong with law schools and figuring out how to fix them.
Beyond the Formalist-Realist Divide, Paperback (October 2009)
Reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. This title traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists.
Law as a Means to an End, Hardback (October 2006)» View all books by Brian Z. Tamanaha
This book identifies the problems with viewing law as a means to an end.
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Author Biography - Brian Z. Tamanaha
Brian Z. Tamanaha is Professor of Law at St John's Univerity School of Law, New York
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