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A theoretical and sociological exploration of the relationship between law and society, this book constructs an approach to law that integrates legal theory with sociological approaches to law. 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, engaging in a theoretical and empirical critique of this common understanding.
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About the Author:
Brian Tamanaha is Professor of Law at St John's University School of Law, New York.
Review:
Brian Tamanaha is Professor of Law at St John's University School of Law, New York.
`Tamanaha's study of the literature contains valuable observations and arguments of interest ... useful insights.'
Law Quarterly Review
Law Quarterly Review
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- PublisherOxford University Press
- Publication date2001
- ISBN 10 0199244669
- ISBN 13 9780199244669
- BindingHardcover
- Edition number1
- Number of pages288
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A General Jurisprudence of Law and Society
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Book Description Hardcover. Condition: new. Hardcover. 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 andempirical 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 socialcontract 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. Thecore 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 and society 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. Law is generally understood to be a mirror of society that functions to maintain social order. Focusing on this general understanding, this 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. Shipping may be from multiple locations in the US or from the UK, depending on stock availability. Seller Inventory # 9780199244669
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