Realistic Socio-Legal Theory

Pragmatism and a Social Theory of Law

Brian Z. Tamanaha

Clarendon Press Oxford Socio-Legal Studies

296 pages | 216x138mm

978-0-19-829825-0 | Paperback | 29 July 1999

Also available as: Hardback

Price: £34.99

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Awarded a Certificate of Special Recognition from the Law Society
Good theoretical exploration of major schools of socio-logical theory
Assessment of US and UK legal theory
Suitable for law school programmes on Law and Society/Sociology of Law
Written in a provocative, thought-provoking style
Tamanaha has been described by Professor Funk of Indiana University School of Law as a 'rising young star in American Jurisprudence'

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 clear and concise fashion while articulating a social theory of law that draws equally from legal theory and socio-legal theory.

`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.' Law and Politics Book Review

`by any criterion and excellent book . . .Tamanaha has produced a work which should feature as a core text in jurisprudence courses' Oxford Journal of Legal Studies

`This is the most significant piece of work for anybody in Jurisprudence, Socio-Legal Studies, or Legal Theory' Neil MacCormick

`a rich insight into almost every question legal theory has vexed itself over the past twenty-five years' Stanley Fish

Readership: Scholars of legal theory, social scientists, and graduate students on both sides of the Atlantic

The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.

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