Realistic Socio-legal Theory: Pragmatism And A Social Theory Of Law (oxford Socio-legal Studies)

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.

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.

oxford Journal Of Legal

...by Any Criterion An Excellent Book...tamanaha Has Produced A Work Which Should Feature As A Core Text In Jurisprudence Courses.

Title_PagesRealistic_SocioLegal_Theory acprof-9780198298250-miscMatter-2 (p.ii) Oxford Socio-Legal Studies Brian Z. Tamanaha (p.ii) Oxford Socio-Legal Studies Dedication General_Editors_Introduction Foreword Introduction_the_Problematic_State_of_Sociolegal_Studies Pragmatism_and_Realistic_Sociolegal_Studies Behaviourism_and_Interpretivism_in_Complement An_Analytical_Map_of_the_Concept_of_Law A_Social_Theory_of_Law_by_Comparison_to_Legal_Positivism The_InternalExternal_Distinction_and_the_Notion_of_a_Practice Studies_of_Judicial_DecisionMaking Legal_Theory_and_the_Practice_of_Judging Three_Last_Words Bibliography Subject_Index Author_Index This book attempts to identify and develop foundations for the social scientific study of law in the age of anti-foundationalism. Drawing upon philosophical pragmatism, it establishes an epistemological foundation which specifies the nature of social science and its knowledge claims, and a methodological foundation which partakes of both behaviourism and interpretivism. This foundation building results in a realistic approach to socio-legal theory, which is set out by way of contrast to the critical schools of socio-legal theory