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Sociological Approaches to Theories of Law Brian Z. Tamanaha

Sociological Approaches to Theories of Law By Brian Z. Tamanaha

Sociological Approaches to Theories of Law by Brian Z. Tamanaha


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Summary

Sociological Approaches to Theories of Law applies empirical insights to examine theories of law proffered by analytical jurisprudents. The topics covered include artifact legal theory, law as a social construction, idealized accounts of the function of law and the dis-embeddeness of legal systems.

Sociological Approaches to Theories of Law Summary

Sociological Approaches to Theories of Law by Brian Z. Tamanaha

Sociological Approaches to Theories of Law applies empirical insights to examine theories of law proffered by analytical jurisprudents. The topics covered include artifact legal theory, law as a social construction, idealized accounts of the function of law, the dis-embeddeness of legal systems, the purported guidance function of law, the false social efficacy thesis, missteps in the quest to answer 'What is law?', and the relationship between empiricism and analytical jurisprudence. The analysis shows that on a number of central issues analytical jurisprudents assert positions inconsistent with the social reality of law. Woven throughout the text, the author presents a theoretically and empirically informed account of law as a social institution. The overarching theme is that philosophical claims about the nature of law can be tested and improved through greater empirical input.

Table of Contents

1. The Problems With Artifact Legal Theory; 2. Law as a Social Construction; 3. Five Implications of Social Constructionism; 4. Idealized Accounts of the Functions Of Law; 5. The Dis-Embeddedness of Legal Systems; 6. The Purported Guidance Function of Law; 7. The False Social Efficacy Thesis; 8. Missteps in the Quest to Answer 'What Is Law?'; 9. Empiricism and Analytical Jurisprudence; References.

Additional information

NPB9781009124362
9781009124362
1009124366
Sociological Approaches to Theories of Law by Brian Z. Tamanaha
New
Paperback
Cambridge University Press
2022-06-23
75
N/A
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