Realistic Socio-legal Theory

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Author :
Publisher : Oxford University Press
ISBN 13 : 9780198265603
Total Pages : 304 pages
Book Rating : 4.2/5 (656 download)

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Book Synopsis Realistic Socio-legal Theory by : Brian Z. Tamanaha

Download or read book Realistic Socio-legal Theory written by Brian Z. Tamanaha and published by Oxford University Press. This book was released on 1997 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107188423
Total Pages : 211 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis A Realistic Theory of Law by : Brian Z. Tamanaha

Download or read book A Realistic Theory of Law written by Brian Z. Tamanaha and published by Cambridge University Press. This book was released on 2017-04-24 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book re-orients jurisprudence and develops an empirically informed theory of law that applies throughout history and across different societies.

Jurisprudence and Socio-Legal Studies

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1003861741
Total Pages : 238 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Jurisprudence and Socio-Legal Studies by : Roger Cotterrell

Download or read book Jurisprudence and Socio-Legal Studies written by Roger Cotterrell and published by Taylor & Francis. This book was released on 2024-03-12 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a set of related studies aimed at showing key points of intersection and common interest between jurisprudence and socio-legal studies, which are otherwise typically considered distinct fields. It reflects and draws on the author’s work in these areas over more than four decades. The first half of the book explores theoretical issues surrounding the enterprise of socio-legal research, its current scope, and its historical traditions. Some chapters directly compare juristic theory and socio-legal inquiry. Chapters in Part II profile a selection of European jurists whose work offers important insights for socio-legal inquiry. Other chapters frame these studies, explore the history of interactions between jurisprudence and socio-legal research, and show points of convergence between these fields that are increasingly important today. A main aim of the book is to show the current urgency of linking and broadening juristic and social scientific interests in law. Internationally oriented, the book will be of interest to students and researchers in the areas of jurisprudence, legal philosophy, sociology of law, socio-legal studies, and comparative law. It is suitable as supplementary reading for courses in any of these subjects.

Law's Community

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Publisher : Oxford University Press
ISBN 13 : 9780198264903
Total Pages : 404 pages
Book Rating : 4.2/5 (649 download)

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Book Synopsis Law's Community by : Roger Cotterrell

Download or read book Law's Community written by Roger Cotterrell and published by Oxford University Press. This book was released on 1995 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: These essays seek to re-locate the relationship between the traditional concerns of legal theory and the sociology of law by establishing a consistent theoretical approach to the analysis of law in contemporary Western societies.

Routledge Handbook of Socio-Legal Theory and Methods

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Publisher : Routledge
ISBN 13 : 0429489749
Total Pages : 566 pages
Book Rating : 4.4/5 (294 download)

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Book Synopsis Routledge Handbook of Socio-Legal Theory and Methods by : Naomi Creutzfeldt

Download or read book Routledge Handbook of Socio-Legal Theory and Methods written by Naomi Creutzfeldt and published by Routledge. This book was released on 2019-08-13 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a range of approaches from the social sciences and humanities, this handbook explores theoretical and empirical perspectives that address the articulation of law in society, and the social character of the rule of law. The vast field of socio-legal studies provides multiple lenses through which law can be considered. Rather than seeking to define the field of socio-legal studies, this book takes up the experiences of researchers within the field. First-hand accounts of socio-legal research projects allow the reader to engage with diverse theoretical and methodological approaches within this fluid interdisciplinary area. The book provides a rich resource for those interested in deepening their understanding of the variety of theories and methods available when law is studied in its broadest social context, as well as setting those within the history of the socio-legal movement. The chapters consider multiple disciplinary lenses – including feminism, anthropology and sociology – as well as a variety of methodologies, including: narrative, visual and spatial, psychological, economic and epidemiological approaches. Moreover, these are applied in a range of substantive contexts such as online hate speech, environmental law, biotechnology, research in post-conflict situations, race and LGBT+ lawyers. The handbook brings together younger contributors and some of the best-known names in the socio-legal field. It offers a fresh perspective on the past, present and future of sociolegal studies that will appeal to students and scholars with relevant interests in a range of subjects, including law, sociology and politics. Chapter 7 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

A General Jurisprudence of Law and Society

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Author :
Publisher : Oxford Socio-Legal Studies
ISBN 13 : 9780199244669
Total Pages : 298 pages
Book Rating : 4.2/5 (446 download)

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Book Synopsis A General Jurisprudence of Law and Society by : Brian Z. Tamanaha

Download or read book A General Jurisprudence of Law and Society written by Brian Z. Tamanaha and published by Oxford Socio-Legal Studies. This book was released on 2001 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is generally understood to be a mirror of society that functions to maintain social order. Focusing on this general understanding, this text conducts a survey of Western legal and social theories about law and its relationship within society.

Law, Culture and Society

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Author :
Publisher : Routledge
ISBN 13 : 1351217968
Total Pages : 317 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Law, Culture and Society by : Roger Cotterrell

Download or read book Law, Culture and Society written by Roger Cotterrell and published by Routledge. This book was released on 2017-10-03 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a distinctive approach to the study of law in society, focusing on the sociological interpretation of legal ideas. It surveys the development of connections between legal studies and social theory and locates its approach in relation to sociolegal studies on the one hand and legal philosophy on the other. It is suggested that the concept of law must be re-considered. Law has to be seen today not just as the law of the nation state, or international law that links nation states, but also as transnational law in many forms. A legal pluralist approach is not just a matter of redefining law in legal theory; it also recognizes that law's authority comes from a plurality of diverse, sometimes conflicting, social sources. The book suggests that the social environment in which law operates must also be rethought, with many implications for comparative legal studies. The nature and boundaries of culture become important problems, while the concept of multiculturalism points to the cultural diversity of populations and to problems of fragmentation, or perhaps to new kinds of unity of the social. Theories of globalization raise a host of issues about the integrity of societies and about the need to understand social networks and forces that extend beyond the political societies of nation states. Through a range of specific studies, closely interrelated and building on each other, the book seeks to integrate the sociology of law with other kinds of legal analysis and engages directly with current juristic debates in legal theory and comparative law.

Legal Theory and the Social Sciences

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Publisher : Routledge
ISBN 13 : 1351560476
Total Pages : 530 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Legal Theory and the Social Sciences by : MaksymilianDel Mar

Download or read book Legal Theory and the Social Sciences written by MaksymilianDel Mar and published by Routledge. This book was released on 2017-07-05 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since H.L.A. Hart's self-description of The Concept of Law as an 'exercise in descriptive sociology', contemporary legal theorists have been debating the relationship between legal theory and sociology, and between legal theory and social science more generally. There have been some who have insisted on a clear divide between legal theory and the social sciences, citing fundamental methodological differences. Others have attempted to bridge gaps, revealing common challenges and similar objects of inquiry. Collecting the work of authors such as Martin Krygier, David Nelken, Brian Tamanaha, Lewis Kornhauser, Gunther Teubner and Nicola Lacey, this volume - the second in a three volume series - provides an overview of the major developments in the last thirty years. The volume is divided into three sections, each discussing an aspect of the relationship of legal theory and the social sciences: 1) methodological disputes and collaboration; 2) common problems, especially as they concern different modes of explanation of social behaviour; and 3) common objects, including, most prominently, the study of language in its social context and normative pluralism.

The Data of Jurisprudence

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Author :
Publisher : Edinburgh : Green
ISBN 13 :
Total Pages : 504 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Data of Jurisprudence by : William Galbraith Miller

Download or read book The Data of Jurisprudence written by William Galbraith Miller and published by Edinburgh : Green. This book was released on 1903 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Legal Pluralism Explained

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Publisher : Oxford University Press
ISBN 13 : 0190861584
Total Pages : 208 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Legal Pluralism Explained by : Brian Z. Tamanaha

Download or read book Legal Pluralism Explained written by Brian Z. Tamanaha and published by Oxford University Press. This book was released on 2021-03-03 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Author :
Publisher : Springer
ISBN 13 : 113731463X
Total Pages : 391 pages
Book Rating : 4.1/5 (373 download)

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Book Synopsis Exploring the 'Socio' of Socio-Legal Studies by : Dermot Feenan

Download or read book Exploring the 'Socio' of Socio-Legal Studies written by Dermot Feenan and published by Springer. This book was released on 2017-03-01 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law as a Means to an End

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139459228
Total Pages : 238 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Law as a Means to an End by : Brian Z. Tamanaha

Download or read book Law as a Means to an End written by Brian Z. Tamanaha and published by Cambridge University Press. This book was released on 2006-10-02 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

A General Jurisprudence of Law and Society

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Author :
Publisher : Oxford University Press on Demand
ISBN 13 : 9780199244676
Total Pages : 263 pages
Book Rating : 4.2/5 (446 download)

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Book Synopsis A General Jurisprudence of Law and Society by : Brian Z. Tamanaha

Download or read book A General Jurisprudence of Law and Society written by Brian Z. Tamanaha and published by Oxford University Press on Demand. This book was released on 2001 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: A General Jurisprudence of Law and Society is a theoretical and sociological exploration of the relationship between law and society. 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. It then engages in a theoretical and empirical critique of this common understanding. The theoretical critique exposes the mythical quality of the two most often repeated theories about the emergence of law, the evolutionary theory and the social contract theory. It also discusses a fundamental shift, resulting from Enlightenment ideas about reason and morality, in the theoretical understanding of the relationship between morality and law. The empirical critique covers various subjects, primarily including the impact of legal transplantation and globalization. Brian Z. Tamanaha then constructs an alternative universally applicable framework with which to understand the relationship between law and society. The core component to this framework is a non-essentialist approach to the concept of law, which provides a basis for understanding of the phenomenon of legal pluralism. Finally, the book articulates how this framework would operate in facilitating our ability to study, understand, and criticize the relationship between law andsociety in a variety of contexts around the world today. In addition to illuminating the relationship between law and society, a key aspect of the argument of this book is to construct an approach to law that integrates legal theory with sociological approaches to law.

Social Construction of Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1839103221
Total Pages : 160 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Social Construction of Law by : Michael Giudice

Download or read book Social Construction of Law written by Michael Giudice and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This illuminating book explores the theme of social constructionism in legal theory. It questions just how much freedom and power social groups really have to construct and reconstruct law.

Law and Social Theory

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Publisher : A&C Black
ISBN 13 : 1782252045
Total Pages : 694 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Law and Social Theory by : Reza Banakar

Download or read book Law and Social Theory written by Reza Banakar and published by A&C Black. This book was released on 2014-07-18 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a growing interest within law schools in the intersections between law and different areas of social theory. The second edition of this popular text introduces a wide range of traditions in sociology and the humanities that offer provocative, contextual views on law and legal institutions. The book is organised into six sections, each with an introduction by the editors, on classical sociology of law, systems theory, critical approaches, law in action, postmodernism, and law in global society. Each chapter is written by a specialist who reviews the literature, and discusses how the approach can be used in researching different topics. New chapters include authoritative reviews of actor network theory, new legal realism, critical race theory, post-colonial theories of law, and the sociology of the legal profession. Over half the chapters are new, and the rest are revised in order to include discussion of recent literature.

Living Law

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Author :
Publisher : Routledge
ISBN 13 : 1351559982
Total Pages : 359 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Living Law by : Roger Cotterrell

Download or read book Living Law written by Roger Cotterrell and published by Routledge. This book was released on 2017-07-05 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Importance of Socio-legal Theory

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Author :
Publisher :
ISBN 13 :
Total Pages : 26 pages
Book Rating : 4.:/5 (413 download)

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Book Synopsis The Importance of Socio-legal Theory by : Robyn Martin

Download or read book The Importance of Socio-legal Theory written by Robyn Martin and published by . This book was released on 1997 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: