Combining philosophical pargmatism with a methodological foundation, 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 which draws equally from legal theory and socio-legal
Readership: Because of its strong inter-disciplinary approach and broad focus, this book will appeal to scholars of legal theory, social scientists and graduate students on both sides of the Atlantic.
Brian Z. Tamanaha, Associate Professor, St John's University School of Law, New York
""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.""
Introduction: The State of Socio-Legal Studies
Pragmatism and Realistic Socio-Legal Studies
Behaviourism and Interpretavism in Complement
An Analytical Map of the Concept of Law
A Social Theory of Law by Comparison to Legal Positivism
The Internal-External Distinction and the Notion of a Practice
Studies of Judicial Decision Making
Legal Theory and the Practice of Judging
Three Last Words