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
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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.
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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
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Awarded a Certificate of Special Recognition from the Law Society
Awarded a Certificate of Special Recognition from the Law Society Good theoretical exploration of major schools of socio-logical theory Assessment of US and UK legal theory Suitable for law school programmes on Law and Society/Sociology of Law Written in a provocative, thought-provoking style Tamanaha has been described by Professor Funk of Indiana University School of Law as a 'rising young star in American Jurisprudence'
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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.
Les mer
Awarded a Certificate of Special Recognition from the Law Society Good theoretical exploration of major schools of socio-logical theory Assessment of US and UK legal theory Suitable for law school programmes on Law and Society/Sociology of Law Written in a provocative, thought-provoking style Tamanaha has been described by Professor Funk of Indiana University School of Law as a 'rising young star in American Jurisprudence'
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Produktdetaljer

ISBN
9780198298250
Publisert
1999
Utgiver
Oxford University Press
Vekt
355 gr
Høyde
216 mm
Bredde
139 mm
Dybde
17 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
296

Forfatter

Biografisk notat

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.