Brian Z. Tamanaha
Sociological Approaches to Theories of Law
Sociological Approaches to Theories of Law
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ExcellentSociological Approaches to Theories of Law examines how analytical jurisprudents' theories of law can be improved through empirical insights. It covers topics such as artifact legal theory, law as a social construction, idealized accounts of the function of law, dis-embeddeness of legal systems, purported guidance function of law, false social efficacy thesis, and missteps in the quest to answer what is law.
Format: Paperback / softback
Length: 75 pages
Publication date: 23 June 2022
Publisher: Cambridge University Press
Sociological Approaches to Theories of Law delves into the examination of law theories proposed by analytical jurisprudents, employing empirical insights to shed light on these theories. The range of topics covered encompasses artifact legal theory, law as a social construction, idealized accounts of the role of law, the disembodiment of legal systems, the purported guidance function of law, the false social efficacy thesis, misconceptions in the quest to define "what is law?" and the interplay between empiricism and analytical jurisprudence. Through a comprehensive analysis, the author reveals that analytical jurisprudents often assert positions that deviate from the social reality of law on several key issues. Throughout the text, the author presents a theoretically and empirically informed account of law as a social institution. The overarching theme revolves around the notion that philosophical claims about the nature of law can be tested and refined through increased empirical input.
Artifact legal theory
Law as a social construction
Idealized accounts of the function of law
The disembodiment of legal systems
The purported guidance function of law
The false social efficacy thesis
Missteps in the quest to answer "What is law?"
The relationship between empiricism and analytical jurisprudence
ISBN-13: 9781009124362
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