David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Oxford University Press (1997)
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.
|Keywords||Sociological jurisprudence Law Philosophy|
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|Buy the book||$56.24 new (30% off) $56.46 used (30% off) $80.00 direct from Amazon Amazon page|
|Call number||K370.T36 1997|
|ISBN(s)||9780198265603 0198265603 0198298250|
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Citations of this work BETA
Claudius Messner (2012). “Living” Law: Performative, Not Discursive. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (4):537-552.
Donald R. Davis (2006). A Realist View of Hindu Law. Ratio Juris 19 (3):287-313.
Michael Giudice (2005). Ways of Understanding Diversity Among Theories of Law. Law and Philosophy 24 (5):509-545.
Jiri Priban (2003). Legalist Fictions and the Problem of Scientific Legitimation. Ratio Juris 16 (1):14-36.
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