Realistic Socio-Legal Theory: Pragmatism and A Social Theory of Law (Oxford Socio-Legal Studies) [Paperback]

Brian Z. Tamanaha (Author)

Book Description

ISBN-10: 0198298250 | ISBN-13: 978-0198298250 | Publication Date: September 23, 1999

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.

Editorial Reviews

Review

"Brian Tamanaha's thesis that pragmatism is essential because it is empty has the air of a paradox when first asserted; but in an elegantly persuasive argument he turns the paradox into a source of rich insight into almost every question legal theory has vexed itself with over the past twenty-five years."--Stanley Fish

"This book provides a useful, and at times provocative, review of recent developments in legal theory....It is well written, ably argued, and generally knowledgeable. It treats controversial topics forthrightly. For law and politics specialists who may not often tread onto legal theory ground, it is an excellent review of the legal theory literature....For those who consider themselves socio-legal scholars, of whatever epistemological persuasion, it should provide a worthwhile venture into familiar debates rendered from a perspective that owes allegiance to no side."--Law and Politics Book Review

"If the social scientific study of law has a future, it must go beyond the Scylla of empiricism and the Charybdis of empty theorizing. This book shows how this is possible."--Dennis Patterson, Distinquished Professor, Rutgers University School of Law, and author of Law and Truth (OUP, 1996)

About the Author

Brian Z. Tamanaha teaches law at St. John's University School of Law, New York City.

Product Details

• Paperback: 296 pages
• Publisher: Oxford University Press, USA (September 23, 1999)
• Language: English
• ISBN-10: 0198298250
• ISBN-13: 978-0198298250
• Product Dimensions: 8.4 x 5.5 x 0.9 inches
• Shipping Weight: 13.6 ounces (View shipping rates and policies)
• Amazon Best Sellers Rank: #2,792,183 in Books (See Top 100 in Books)

More About the Author

Discover books, learn about writers, read author blogs, and more.