Realistic socio-legal theory : pragmatism and a social theory of law /
This book attempts to identify and develop foundations for the social scientific study of law in the age of anti-foundationalism. Drawing upon philosophical pragmatism, it establishes an epistemological foundation which specifies the nature of social science and its knowledge claims, and a methodolo...
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| Main Author: | |
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| Format: | Book |
| Language: | English |
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Oxford : New York :
Clarendon Press ; Oxford University Press,
1997.
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| Series: | Oxford socio-legal studies.
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| Subjects: |
| Summary: | This book attempts to identify and develop foundations for the social scientific study of law in the age of anti-foundationalism. Drawing upon philosophical pragmatism, it establishes an epistemological foundation which specifies the nature of social science and its knowledge claims, and a methodological foundation which partakes of both behaviourism and interpretivism. This foundation building results in a realistic approach to socio-legal theory, which is set out by way of contrast to the critical schools of socio-legal theory. The strengths of this realistic approach are then demonstrated through application to many of the core issues in both socio-legal theory and legal theory, including the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the application of pragmatism to normative legal theory, the concept of law, the social basis for legal positivism, the nature and variety of legal practices, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. An underlying objective of this exploration is the articulation of what is called a social theory of law, a particular way of viewing law which draws equally from, and provides a bridge between legal theory and socio-legal theory, to help in the gathering and organisation of knowledge about law and legal phenomena. |
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| Physical Description: | xv, 280 pages ; 23 cm |
| Bibliography: | Includes bibliographical references (pages 257-274) and indexes. |
| ISBN: | 0198265603 9780198265603 0198298250 9780198298250 |