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  1. On the Rule of Law: History, Politics, Theory.Brian Z. Tamanaha - 2004 - Cambridge University Press.
    The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. The author outlines the concerns of Western conservatives about (...)
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  2. A general jurisprudence of law and society.Brian Z. Tamanaha - 2001 - New York: Oxford University Press.
    A theoretical and sociological exploration of the relationship between law and society, this book constructs an approach to law that integrates legal theory with sociological approaches to law. Law is generally understood to be a mirror of society--a reflection of its customs and morals--that functions to maintain social order. Focusing on this common understanding, the book conducts a survey of Western legal and social theories about law and its relationship within society, engaging in a theoretical and empirical critique of this (...)
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  3.  77
    Realistic socio-legal theory: pragmatism and a social theory of law.Brian Z. Tamanaha - 1997 - New York: Oxford University Press.
    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 (...)
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  4.  30
    Necessary and Universal Truths about Law?Brian Z. Tamanaha - 2017 - Ratio Juris 30 (1):3-24.
    Prominent analytical jurisprudents assert that a theory of law consists of necessary, universal truths about the nature of law. This often-repeated claim, which has not been systematically established, is critically examined in this essay. I begin with the distinction between natural kinds and social artifacts, drawing on the philosophy of society to show that necessity claims about law require a fundamental reworking of basic understandings of ontology and epistemology, which legal philosophers have not undertaken. I show law is a poor (...)
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  5.  14
    Realistic Socio-Legal Theory: Pragmatism and a Social Theory of Law.Brian Z. Tamanaha - 1997 - New York: Oxford University Press UK.
    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 (...)
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  6.  58
    Legal pluralism and development: scholars and practitioners in dialogue.Brian Z. Tamanaha, Caroline Mary Sage & Michael J. V. Woolcock (eds.) - 2012 - New York: Cambridge University Press.
    This book brings together contributions from academics and practitioners to explore the implications of legal pluralism for legal development.
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  7.  6
    A realistic theory of law.Brian Z. Tamanaha - 2017 - Cambridge, United Kingdom: Cambridge University Press.
    Introduction : a realistic perspective -- The third branch of jurisprudence -- What is law? -- Necessary and universal truths about law? -- A genealogical view of law -- Law in the age of organizations -- What is international law? -- Conclusion : a realistic theory of law.
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  8. Disruptive implications of legal positivism's social efficacy thesis.Brian Z. Tamanaha - 2021 - In Torben Spaak (ed.), The Cambridge Companion to Legal Positivism. Cambridge University Press.
     
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  9. How history bears on jurisprudence.Brian Z. Tamanaha - 2016 - In Maksymilian Del Mar & Michael Lobban (eds.), Law in theory and history: new essays on a neglected dialogue. Portland, Oregon: Hart Publishing.
     
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  10. How history does and does not bear on jurisprudence.Brian Z. Tamanaha - 2016 - In Maksymilian Del Mar & Michael Lobban (eds.), Law in theory and history: new essays on a neglected dialogue. Portland, Oregon: Hart Publishing.
     
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  11.  2
    Law and Society.Brian Z. Tamanaha - 2010 - In Dennis Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Oxford, UK: Wiley‐Blackwell. pp. 368–380.
    This chapter contains sections titled: A Mirror of Society that Functions to Maintain Social Order Law as Social Ordering The Institutional Form of Law The Semiautonomy of Legal Knowledge and Processes Legal Pluralism Law and Society in the Twenty‐First Century–Law as an Instrument References.
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  12.  5
    Legal pluralism explained: history, theory, consequences.Brian Z. Tamanaha - 2021 - New York, NY: Oxford University Press.
    Throughout the medieval period law was seen as the product of social groups and associations that formed legal orders, as Max Weber elaborates, "either constituted in its membership by such objective characteristics of birth, political, ethnic, or religious denomination, mode of life or occupation, or arose through the process of explicit fraternization." During the second half of the Middle Ages, roughly the tenth through fifteenth centuries, there were "several distinct types of law, sometimes competing, occasionally overlapping, invariably invoking different traditions, (...)
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  13.  6
    4 On the Instrumental View of Law in American.Brian Z. Tamanaha - 2009 - In Francis J. Mootz (ed.), On Philosophy in American Law. Cambridge University Press. pp. 27.
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  14. On the instrumental view of law in American legal culture.Brian Z. Tamanaha - 2009 - In Francis J. Mootz (ed.), On Philosophy in American Law. Cambridge University Press.
  15.  10
    Sociological Approaches to Theories of Law.Brian Z. Tamanaha - 2022 - Cambridge University Press.
    Sociological Approaches to Theories of Law applies empirical insights to examine theories of law proffered by analytical jurisprudents. The topics covered include artifact legal theory, law as a social construction, idealized accounts of the function of law, the dis-embeddeness of legal systems, the purported guidance function of law, the false social efficacy thesis, missteps in the quest to answer 'What is law?', and the relationship between empiricism and analytical jurisprudence. The analysis shows that on a number of central issues analytical (...)
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  16.  52
    Socio-Legal Positivism and a General Jurisprudence.Brian Z. Tamanaha - 2001 - Oxford Journal of Legal Studies 21 (1):1-32.
    H.L.A. Hart described his classic book, The Concept of Law, as a work in «descriptive sociology», and his aspiration was to produce a general jurisprudence. He was less than successful in achieving both of these aims. This article attempts a comprehensive reconstruction of legal positivism in a manner that will render it more compatible with a sociological approach, and more amenable to the project of general jurisprudence. The label «socio-legal positivism» reflects the fact that this article grafts the insights and (...)
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  17. The rule of law and legal pluralism in development.Brian Z. Tamanaha - 2012 - In Brian Z. Tamanaha, Caroline Mary Sage & Michael J. V. Woolcock (eds.), Legal pluralism and development: scholars and practitioners in dialogue. New York: Cambridge University Press.
     
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  18.  20
    Review of Frederic R. Kellogg, Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint[REVIEW]Brian Z. Tamanaha - 2007 - Notre Dame Philosophical Reviews 2007 (4).
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