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Realistic Socio-Legal Theory - Pragmatism and a Social Theory of Law (Hardcover)
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Realistic Socio-Legal Theory - Pragmatism and a Social Theory of Law (Hardcover)
Series: Oxford Socio-Legal Studies
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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.
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