Law as a Means to an End
Threat to the Rule of Law
By (author) Brian Z. Tamanaha
Series edited by William Twining Christopher McCrudden
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Law as a Means to an End by Brian Z. Tamanaha
Book DescriptionThe contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.
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Book DetailsISBN: 9780521869522
(228mm x 152mm x 19mm)
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Publish Date: 2-Oct-2006
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, Paperback (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 the Chief Judge Benjamin N. Cardozo Professor of Law at St. John's University School of Law. He delivered the inaugural Montesquieu Lecture (2004) at the University of Tilburg. He is the author of On the Rule of Law (Cambridge, 2004), Realistic Socio-Legal Theory (1997), and A General Jurisprudence of Law and Society (2001) which won the Herbert Jacob Book Prize in 2001. He has published many articles and is the Associate Editor of Law and Society Review.
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