Realistic Socio legal Theory

Author: Brian Z. Tamanaha
Publisher: Oxford University Press
ISBN: 0198265603
Release Date: 1997
Genre: Law

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 theory.

Realistic Socio legal Theory

Author: Brian Z. Tamanaha
Publisher: Oxford University Press
ISBN: 9780198298250
Release Date: 1999
Genre: Law

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 ofjudicial 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

A General Jurisprudence of Law and Society

Author: Brian Z. Tamanaha
Publisher: Oxford University Press on Demand
ISBN: 0199244669
Release Date: 2001
Genre: Law

A theoretical and sociological exploration of the relationship between law and society, this book constructs an approach to law that integrates legal theory with sociological approaches to law. Law is generally understood to be a mirror of society--a reflection of its customs and morals--that functions to maintain social order. Focusing on this common understanding, the book conducts a survey of Western legal and social theories about law and its relationship within society, engaging in a theoretical and empirical critique of this common understanding.

Socio legal studies

Author: Philip Aneurin Thomas
Publisher: Dartmouth Pub Co
ISBN: STANFORD:36105060175176
Release Date: 1997-06
Genre: Law


A Realistic Theory of Law

Author: Brian Z. Tamanaha
Publisher: Cambridge University Press
ISBN: 9781107188426
Release Date: 2017-04-30
Genre: Law

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

Normativity in Legal Sociology

Author: Reza Banakar
Publisher: Springer
ISBN: 9783319096506
Release Date: 2014-11-17
Genre: Law

The field of socio-legal research has encountered three fundamental challenges over the last three decades – it has been criticized for paying insufficient attention to legal doctrine, for failing to develop a sound theoretical foundation and for not keeping pace with the effects of the increasing globalization and internationalization of law, state and society. This book examines these three challenges from a methodological standpoint. It addresses the first two by demonstrating that legal sociology has much to say about justice as a kind of social experience and has always engaged theoretically with forms of normativity, albeit on its own empirical terms rather than on legal theory’s analytical terms. The book then explores the third challenge, a result of the changing nature of society, by highlighting the move from the industrial relations of early modernity to the post-industrial conditions of late modernity, an age dominated by information technology. It poses the question whether socio-legal research has sufficiently reassessed its own theoretical premises regarding the relationship between law, state and society, so as to grasp the new social and cultural forms of organization specific to the twenty-first century’s global societies.

Law and Legal Theory

Author: Thom Brooks
Publisher: BRILL
ISBN: 9789004262935
Release Date: 2013-11-07
Genre: Philosophy

Law and Legal TheoryEdited by brings together some of the most important essays in the area of the philosophy of law written by leading, international scholars and offering significant contributions to how we understand law and legal theory to help shape future debates.

Exploring the Socio of Socio Legal Studies

Author: Dermot Feenan
Publisher: Springer
ISBN: 9781137314635
Release Date: 2017-03-01
Genre: Law

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.

General Jurisprudence

Author: William Twining
Publisher: Cambridge University Press
ISBN: 9780521505932
Release Date: 2009-02-12
Genre: Law

This book explores the implications of globalisation for the theoretical study of law, justice, and human rights.

Living Law

Author: Roger Cotterrell
Publisher: Routledge
ISBN: 9781351559980
Release Date: 2017-07-05
Genre: Law

Living Law presents a comprehensive overview of relationships between legal and social theory, and of current approaches to the sociological study of legal ideas. It explores the nature of legal theory and sociolegal studies today as teaching and research fields, and the work of many of the major sociolegal theorists. In addition, it sets out the author's distinctive approach to sociological analysis of law, applying this in a range of studies in specific legal fields, such as the law of contract, property and trusts, constitutional analysis, and comparative law.

International Law as Social Construct

Author: Carlo Focarelli
Publisher: Oxford University Press
ISBN: 9780199584833
Release Date: 2012-05-24
Genre: Law

This book explores international law as a social construct by analysing its social foundations and by re-conceptualizing the way in which it is commonly understood. It asks what law is and how it works in society, and shows why it is worth to struggle for new and better-working rules in the international legal order.

Drones and Responsibility

Author: Ezio Di Nucci
Publisher: Routledge
ISBN: 9781317147794
Release Date: 2016-07-01
Genre: Technology & Engineering

How does the use of military drones affect the legal, political, and moral responsibility of different actors involved in their deployment and design? This volume offers a fresh contribution to the ethics of drone warfare by providing, for the first time, a systematic interdisciplinary discussion of different responsibility issues raised by military drones. The book discusses four main sets of questions: First, from a legal point of view, we analyse the ways in which the use of drones makes the attribution of criminal responsibility to individuals for war crimes more complicated and what adjustments may be required in international criminal law and in military practices to avoid ’responsibility gaps’ in warfare. From a moral and political perspective, the volume looks at the conditions under which the use of military drones by states is impermissible, permissible, or even obligatory and what the responsibilities of a state in the use of drones towards both its citizens and potential targets are. From a socio-technical perspective, what kind of new human machine interaction might (and should) drones bring and which new kinds of shared agency and responsibility? Finally, we ask how the use of drones changes our conception of agency and responsibility. The book will be of interest to scholars and students in (military) ethics and to those in law, politics and the military involved in the design, deployment and evaluation of military drones.

Democracy and Complexity

Author: Danilo Zolo
Publisher: John Wiley & Sons
ISBN: 9780745669311
Release Date: 2013-07-15
Genre: Political Science

This book is a highly original and provocative contribution to democratic theory. Zolo argues that the increasing complexity of modern societies represents a fundamental challenge to the basic assumptions of the Western democratic tradition and calls for a reformulation of some of the key questions of political theory. Zolo maintains that, as modern societies become more complex and more involved in the `information revolution', they are subjected to new and unprecedented forms of evolutionary stress - as manifested, for instance, in the growing autonomy and power of political parties, and in new kinds of political communication which create and sustain the fiction of consensus. These forms of stress have become so serious that they threaten to undermine some of the values traditionally associated with democracy, such as the rationality and autonomy of the individual, and the visibility and accountability of power.

Legal Secrets

Author: Kim Lane Scheppele
Publisher: University of Chicago Press
ISBN: 0226737780
Release Date: 1988-11-15
Genre: Law

Does the seller of a house have to tell the buyer that the water is turned off twelve hours a day? Does the buyer of a great quantity of tobacco have to inform the seller that the military blockade of the local port, which had depressed tobacco sales and lowered prices, is about to end? Courts say yes in the first case, no in the second. How can we understand the difference in judgments? And what does it say about whether the psychiatrist should disclose to his patient's girlfriend that the patient wants to kill her? Kim Lane Scheppele answers the question, Which secrets are legal secrets and what makes them so? She challenges the economic theory of law, which argues that judges decide cases in ways that maximize efficiency, and she shows that judges use equality as an important principle in their decisions. In the course of thinking about secrets, Scheppele also explores broader questions about judicial reasoning—how judges find meaning in legal texts and how they infuse every fact summary with the values of their legal culture. Finally, the specific insights about secrecy are shown to be consistent with a general moral theory of law that indicates what the content of law should be if the law is to be legitimate, a theory that sees legal justification as the opportunity to attract consent. This is more than a book about secrets. It is also a book about the limits of an economic view of law. Ultimately, it is a work in constructive legal theory, one that draws on moral philosophy, sociology, economics, and political theory to develop a new view of legal interpretation and legal morality.

The Judicial Process

Author: E. W. Thomas
Publisher: Cambridge University Press
ISBN: 0511128622
Release Date: 2005-10-13
Genre: Law

In the absence of a sound conception of the judicial role, judges at present can be said to be 'muddling along'. They disown the declaratory theory of law but continue to behave and think as if it had not been discredited. Much judicial reasoning still exhibits an unquestioning acceptance of positivism and a 'rulish' predisposition. Formalistic thinking continues to exert a perverse influence on the legal process. This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times. Founded on the truism that the law exists to serve society, and adopting the twin criteria of justice and contemporaneity with the times, a judicial methodology is developed which is realistic and pragmatic and which embraces a revised conception of practical reasoning, including in that conception a critical role for legal principles.