Realistic Socio-legal Theory
Pragmatism and a Social Theory of Law
By (author) Brian Z. Tamanaha
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Realistic Socio-legal Theory by Brian Z. Tamanaha
Book DescriptionDrawing 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
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Book DetailsISBN: 9780198298250
(216mm x 139mm x 17mm)
Imprint: Clarendon Press
Publisher: Oxford University Press
Publish Date: 29-Jul-1999
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 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.
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