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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.
This book investigates the validity of the conventional understanding that law functions primarily as a mirror of society and a mechanism for maintaining social order. Brian Z. Tamanaha, a prominent legal scholar, utilizes his extensive background in jurisprudence and socio-legal studies to deconstruct the traditional assumptions linking legal systems to societal customs. By synthesizing Western legal theory with empirical sociological data, the author presents a critical framework that challenges the simplistic view of law as a mere reflection of moral or social consensus.
What You Will Find
Legal scholars and academics frequently cite this work as a rigorous intervention in the field of jurisprudence, noting its success in bridging the gap between abstract legal theory and sociological reality. The text is recognized for its dense, analytical prose, making it a standard reference for advanced students and researchers examining the intersection of law and social structure.
Page Count:
288
Publication Date:
2001-09-13
Publisher:
Oxford University Press
ISBN-10:
0199244677
ISBN-13:
9780199244676
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