Realistic Socio-Legal Theory

Awarded a Certificate of Special Recognition from the Law Society

Drawing upon philosophical pragmatism, Tamanaha constructs the foundations for a realistic approach to the social scientific study of law. He analyses the major schools of socio-legal theory, and articulates a 'social theory of law' that is illustrated using concrete examples from judicial decision-making.Combining philosophical pargmatism with a methodological foundation, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area. Thus Tamanaha explores the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. These issues are tackled in a clear and concise fashion while articulating a social theory of law which draws equally from legal theory and socio-legal theory.