Realistic socio-legal theory: pragmatism and a social theory of law

New York: Oxford University Press (1997)
  Copy   BIBTEX

Abstract

How might the social sciences best be employed in the study of law, especially in light of today's legal climate of anti-foundationalism? Realistic Socio-Legal Theory addresses this question thoroughly and precisely. Drawing upon philosophical pragmatism to construct an epistemological and methodological foundation, this book formulates a framework for a realistic approach to socio-legal theory. Brian Z. Tamanaha contrasts the strengths of his realistic approach with those of the major schools of socio-legal theory through application to many key issues in the field. He explores the problematic state of socio-legal studies, the relationship between behavior and meaning, the notion of legal ideology, the nature of the concept of law, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. Tamanaha's discussion is always clear and concise as he articulates a social theory of law that draws equally from legal theory and socio-legal studies. His book has much to offer those interested in the gathering and organization of knowledge about law and legal phenomena.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,386

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

A general jurisprudence of law and society.Brian Z. Tamanaha - 2001 - New York: Oxford University Press.
Legal reasoning and legal theory revisited.Fernando Atria - 1999 - Law and Philosophy 18 (5):537-577.
Law and the beautiful soul.Alan William Norrie - 2005 - Portland, Or.: Published in the United States by Cavendish.
On legal pragmatism: Where does 'the path of the law' lead us?Susan Haack - 2005 - American Journal of Jurisprudence 50 (1):71-105.
The authority of law: essays on law and morality.Joseph Raz - 1979 - New York: Oxford University Press.
Law, language, and legal determinacy.Brian Bix - 1993 - New York: Oxford University Press.
Legal theory and sociological facts.M. Groot & O. M. - 1998 - Law and Philosophy 17 (3):251-270.

Analytics

Added to PP
2009-01-28

Downloads
72 (#223,965)

6 months
2 (#1,232,442)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Citations of this work

Raz on necessity.Brian H. Bix - 2003 - Law and Philosophy 22 (6):537 - 559.
Shari’a and legal pluralism in the West.Berna Zengin Arslan & Bryan S. Turner - 2011 - European Journal of Social Theory 14 (2):139-159.
A Realist View of Hindu Law.Donald R. Davis - 2006 - Ratio Juris 19 (3):287-313.

View all 7 citations / Add more citations

References found in this work

No references found.

Add more references