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Sociological Approaches to Theories of Law

Sociological Approaches to Theories of Law

Name: Sociological Approaches to Theories of Law
Brand: Cambridge University Press
SKU: 9781009124362
Price: 226.98 HKD
Availability: InStock
Author: Brian Z. Tamanaha
ISBN: 9781009124362

By Brian Z. Tamanaha

Cambridge University Press June 2022

Specifications

ISBN-13: 9781009124362
Publisher: Cambridge University Press
Publication: June 2022
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

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.

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.

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