Sociological Approaches to Theories of Law by Brian Z. Tamanaha (English) Paperb

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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 and the dis-embeddeness of legal systems.

FORMATPaperback LANGUAGEEnglish CONDITIONBrand New Publisher Description

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.

Table of Contents

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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This Element applies insights empirical insights to examine, and enrich, central claims by analytical jurisprudents about the nature of law.

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This Element applies insights empirical insights to examine, and enrich, central claims by analytical jurisprudents about the nature of law.

Details ISBN1009124366 Author Brian Z. Tamanaha Publisher Cambridge University Press Series Elements in Philosophy of Law Language English Year 2022 ISBN-10 1009124366 ISBN-13 9781009124362 Format Paperback Pages 75 Imprint Cambridge University Press Place of Publication Cambridge Country of Publication United Kingdom Publication Date 2022-06-23 AU Release Date 2022-06-23 NZ Release Date 2022-06-23 UK Release Date 2022-06-23 Alternative 9781009128193 DEWEY 340.115 Illustrations Worked examples or Exercises Audience General We've got this

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