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Brian Z. Tamanaha
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A Realistic Theory of Law

by Brian Z. Tamanaha (Author)
4.8 4.8 out of 5 stars 8 ratings
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This book articulates an empirically grounded theory of law applicable throughout history and across different societies. Unlike natural law theory or analytical jurisprudence, which are narrow, abstract, ahistorical, and detached from society, Tamanaha's theory presents a holistic vision of law within society, evolving in connection with social, cultural, economic, political, ecological, and technological factors. He revives a largely forgotten theoretical perspective on law that runs from Montesquieu through the legal realists to the present. This book explains why the classic question 'what is law?' has never been resolved, and casts doubt on theorists' claims about necessary and universal truths about law. This book develops a theory of law as a social institution with varying forms and functions, tracing law from hunter-gatherer societies to the modern state and beyond. Tamanaha's theory accounts for social influences on law, legal influences on society, law and domination, multifunctional governmental uses of law, legal pluralism, international law, and other legal aspects largely overlooked in jurisprudence.
Previous page
  1. ISBN-10
    1316638510
  2. ISBN-13
    978-1316638514
  3. Publisher
    Cambridge University Press
  4. Publication date
    May 26, 2017
  5. Language
    English
  6. Dimensions
    6 x 0.53 x 9 inches
  7. Print length
    208 pages
  8. See all details
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Editorial Reviews

Review

‘This book displays Tamanaha's strengths: it is thoughtful, grounded on broad scholarship, written clearly, argued well, and offers a fair portrayal of contrary views. … This is a very good and very important work. It is learned, clear, and provocative - in the best sense of that word.' Brian H. Bix, Frederick W. Thomas Professor of Law and Philosophy, University of Minnesota

‘Tamanaha has written a book which will revive socio-legal theory and, in particular, will re-introduce historical jurisprudence as a key dimension for any social theory of law. This is a timely and important book, and promises to make a contribution to legal theory equal to if not more important than Tamanaha's earlier landmark books. Tamanaha works out a systematic account of the way in which concepts and notions of law transform from one historical era to another, at both local, state, and international levels, thereby showing detached, ahistorical theories to be misguided. The book will be of interest not only to socio-legal theorists and students, but to legal philosophers as well, as Tamanaha sets many of his key arguments against much mainstream analytical legal theory (e.g. the work of H. L. A. Hart, Joseph Raz, and John Finnis).' Michael Giudice, York University, Canada

‘This book presents a masterly overview of a complex tradition. Tamanaha combines a bold historical overview with acute analysis to make a compelling case that social legal theory and empirical studies are an essential part of understanding law.' William Twining, University College London

'This book develops a holistic theory of law as a social institution with varying forms and functions, tracing law from hunter-gatherer societies to the modern state and beyond.' Howard S. Erlanger, Law & Social Inquiry

Book Description

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

Product details

  • Publisher ‏ : ‎ Cambridge University Press (May 26, 2017)
  • Language ‏ : ‎ English
  • Paperback ‏ : ‎ 208 pages
  • ISBN-10 ‏ : ‎ 1316638510
  • ISBN-13 ‏ : ‎ 978-1316638514
  • Item Weight ‏ : ‎ 11.4 ounces
  • Dimensions ‏ : ‎ 6 x 0.53 x 9 inches
  • Customer Reviews:
    4.8 4.8 out of 5 stars 8 ratings

About the author

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Brian Z. Tamanaha

Brian Z. Tamanaha

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Brian Z. Tamanaha is the John S. Lehmann University Professor at Washington University School of Law. A Realistic Theory of Law (2017) received the 2019 IVR Book Prize for best book in Legal Philosophy from 2016-2018, as well as an Honorable Mention, 2018 Prose Awards, Law Category. His books have won multiple awards, including the Herbert Jacob Book Prize and the Dennis Leslie Mahoney Legal Theory Prize. His work has been translated into eleven languages.

Customer reviews

4.8 out of 5 stars
4.8 out of 5
8 global ratings

Top review from the United States

Kenton H. MacDowell
5.0 out of 5 stars Law is culture, but it is also law
Reviewed in the United States on December 1, 2018
Verified Purchase
From my difficult-to-explain-at-thanksgiving background in anthropology and neuroscience, this book provides a cogent and motivating theory through which further comparative and domestic studies in jurisprudence can be viewed. I am reading it along with several texts on legal anthropology, and I find myself often returning to the lawyer's talking about culture rather than the anthropologists' talking about law. For those interested in reading about the different ways human societies deal with formal systems of rules and their enforcement (or otherwise), from a jurisprudential perspective, I cannot imagine a more thorough theoretical formulating than this.
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