A Realistic Theory of Law

Nonfiction, Reference & Language, Law, Jurisprudence
Cover of the book A Realistic Theory of Law by Brian Z. Tamanaha, Cambridge University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Brian Z. Tamanaha ISBN: 9781316990766
Publisher: Cambridge University Press Publication: April 24, 2017
Imprint: Cambridge University Press Language: English
Author: Brian Z. Tamanaha
ISBN: 9781316990766
Publisher: Cambridge University Press
Publication: April 24, 2017
Imprint: Cambridge University Press
Language: English

This book articulates an empirically grounded theory of law applicable throughout history and across different societies. Unlike natural law theory or analytical jurisprudence, which are narrow, abstract, ahistorical, and detached from society, Tamanaha's theory presents a holistic vision of law within society, evolving in connection with social, cultural, economic, political, ecological, and technological factors. He revives a largely forgotten theoretical perspective on law that runs from Montesquieu through the legal realists to the present. This book explains why the classic question 'what is law?' has never been resolved, and casts doubt on theorists' claims about necessary and universal truths about law. This book develops a theory of law as a social institution with varying forms and functions, tracing law from hunter-gatherer societies to the modern state and beyond. Tamanaha's theory accounts for social influences on law, legal influences on society, law and domination, multifunctional governmental uses of law, legal pluralism, international law, and other legal aspects largely overlooked in jurisprudence.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This book articulates an empirically grounded theory of law applicable throughout history and across different societies. Unlike natural law theory or analytical jurisprudence, which are narrow, abstract, ahistorical, and detached from society, Tamanaha's theory presents a holistic vision of law within society, evolving in connection with social, cultural, economic, political, ecological, and technological factors. He revives a largely forgotten theoretical perspective on law that runs from Montesquieu through the legal realists to the present. This book explains why the classic question 'what is law?' has never been resolved, and casts doubt on theorists' claims about necessary and universal truths about law. This book develops a theory of law as a social institution with varying forms and functions, tracing law from hunter-gatherer societies to the modern state and beyond. Tamanaha's theory accounts for social influences on law, legal influences on society, law and domination, multifunctional governmental uses of law, legal pluralism, international law, and other legal aspects largely overlooked in jurisprudence.

More books from Cambridge University Press

Cover of the book Quantitative Risk Assessment by Brian Z. Tamanaha
Cover of the book How India Became Democratic by Brian Z. Tamanaha
Cover of the book EU Renewable Electricity Law and Policy by Brian Z. Tamanaha
Cover of the book Heritage Languages and their Speakers by Brian Z. Tamanaha
Cover of the book St Anne in Renaissance Music by Brian Z. Tamanaha
Cover of the book Collisionless Shocks in Space Plasmas by Brian Z. Tamanaha
Cover of the book Heuristics and Biases by Brian Z. Tamanaha
Cover of the book The Cambridge Companion to Hobbes by Brian Z. Tamanaha
Cover of the book Making We the People by Brian Z. Tamanaha
Cover of the book Crime Without Punishment by Brian Z. Tamanaha
Cover of the book Rivalry and Revenge by Brian Z. Tamanaha
Cover of the book New Perspectives on Type Identity by Brian Z. Tamanaha
Cover of the book Essential Microeconomics by Brian Z. Tamanaha
Cover of the book The Future of Australian Federalism by Brian Z. Tamanaha
Cover of the book Comparing Tort and Crime by Brian Z. Tamanaha
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy