Realistic Socio-legal Theory
Realistic Socio-legal Theory

Author: Brian Z. Tamanaha

Publisher: Oxford University Press

Published: 1997

Total Pages: 304

ISBN-13: 9780198265603

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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 andconcise fashion while articulating a social theory of law which draws equally from legal theory and socio-legal theory.

A Realistic Theory of Law
A Realistic Theory of Law

Author: Brian Z. Tamanaha

Publisher: Cambridge University Press

Published: 2017-04-24

Total Pages: 211

ISBN-13: 1107188423

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The book re-orients jurisprudence and develops an empirically informed theory of law that applies throughout history and across different societies.

Legal Pluralism Explained
Legal Pluralism Explained

Author: Brian Z. Tamanaha

Publisher: Oxford University Press

Published: 2021-03-03

Total Pages: 208

ISBN-13: 0190861584

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Legal pluralism involves the coexistence of multiple forms of law. This involves state law, international law, transnational law, customary law, religious law, indigenous law, and the law of distinct ethnic or cultural communities. Legal pluralism is a subject of discussion today in legal anthropology, legal sociology, legal history, postcolonial legal studies, women's rights and human rights, comparative law, international law, transnational law, European Union law, jurisprudence, and law and development scholarship. A great deal of confusion and theoretical disagreement surrounds discussions of legal pluralismwhich this book aims to clarify and help resolve. Drawing on historical and contemporary studiesincluding the Medieval period, the Ottoman Empire, postcolonial societies, Native peoples, Jewish and Islamic law, Western state legal systems, transnational law, as well as othersit shows that the dominant image of the state with a unified legal system exercising a monopoly over law is, and has always been, false and misleading. State legal systems are internally pluralistic in various ways and multiple manifestations of law coexist in every society. This book explains the underlying reasons for and sources of legal pluralism, identifies its various consequences, uncovers its conceptual and normative implications, and resolves current theoretical disputes in ways that are useful for social scientists, theorists, jurists, and law and development scholars and practitioners.

Exploring the 'Socio' of Socio-Legal Studies
Exploring the 'Socio' of Socio-Legal Studies

Author: Dermot Feenan

Publisher: Springer

Published: 2017-03-01

Total Pages: 391

ISBN-13: 113731463X

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In this insightful collection, a broad range of scholars analyzes a core issue for socio-legal studies, what is understood by the 'socio' of the 'socio-legal'. Drawing from legal theory, cultural studies, and social policy, the collection's wide scope of themes and topics provides an important stock-take and analysis of the socio-legal field.

The Critical Legal Studies Movement
The Critical Legal Studies Movement

Author: Roberto Mangabeira Unger

Publisher: Verso Books

Published: 2015-03-03

Total Pages: 226

ISBN-13: 1781683417

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Critical legal studies is the most important development in progressive thinking about law of the past half century. It has inspired the practice of legal analysis as institutional imagination, exploring, with the materials of the law, alternatives for society. The Critical Legal Studies Movement was written as the manifesto of the movement by its central figure. This new edition includes a revised version of the original text, preceded by an extended essay in which its author discusses what is happening now and what should happen next in legal thought.

Law as a Means to an End
Law as a Means to an End

Author: Brian Z. Tamanaha

Publisher: Cambridge University Press

Published: 2006-10-02

Total Pages: 238

ISBN-13: 1139459228

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The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.

Realist Social Theory
Realist Social Theory

Author: Margaret Scotford Archer

Publisher: Cambridge University Press

Published: 1995-10-19

Total Pages: 370

ISBN-13: 9780521484428

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Building on her seminal contribution to social theory in Culture and agency, Margaret Archer develops here her morphogenetic approach, applying it to the problem of structure and agency. Since structure and agency constitute different levels of stratified social reality, each possesses distinctive emergent properties which are real and causally efficacious but irreducible to one another. The problem, therefore, is shown to be how to link the two rather than conflate them, as has been common practice - whether in upwards conflation (by the aggregation of individual acts) downwards conflation (through the structural orchestration of agents), or, more recently, in central conflation which holds the two to be mutually constitutive and thus precludes any examination of their interplay by eliding them. Realist social theory: the morphogenetic approach thus not only rejects methodological individualism and collectivism, but argues that the debate between them has been replaced by a new one between elisionary theorizing (such as Giddens' structuration theory) and the emergentist theories based on a realist ontology of the social world. The morphogenetic approach is the sociological complement of transcendental realism, and together they provide a basis for non-conflationary theorizing which is also of direct utility to the practising social analyst.

Sociological Jurisprudence
Sociological Jurisprudence

Author: Roger Cotterrell

Publisher: Routledge

Published: 2017-12-06

Total Pages: 429

ISBN-13: 1351683233

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This book presents a unified set of arguments about the nature of jurisprudence and its relation to the jurist’s role. It explores contemporary challenges that create a need for social scientific perspectives in jurisprudence, and it shows how sociological resources can and should be used in considering juristic issues. Its overall aim is to redefine the concept of sociological jurisprudence and outline a new agenda for this. Supporting this agenda, the book elaborates a distinctive juristic perspective that recognises law’s diversity of cultural meanings, its extending transnational reach, its responsibilities to reflect popular aspirations for justice and security, and its integrative tasks as a general resource of regulation for society as a whole and for the individuals who interact under law’s protection. Drawing on and extending the author’s previous work, the book will be essential reading for students, researchers and academics working in jurisprudence, law and society, socio-legal studies, sociology of law, and comparative legal studies.