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A General Jurisprudence of Law and Society

Brian Z. Tamanaha

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199244676
eISBN:
9780191715044
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244676.001.0001
Subject:
Law, Philosophy of Law

This book provides a theoretical and sociological exploration of the relationship between law and society. Law is generally understood to be a mirror of society — a reflection of its customs and ... More


Law and Anthropology: Old Relations, New Relativities

Carol J Greenhouse

in Law and Anthropology: Current Legal Issues Volume 12

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199580910
eISBN:
9780191723025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580910.003.0002
Subject:
Law, Comparative Law

This chapter argues that we should resist imagining the law—anthropology relation as prefigured in the law/society distinction, since that very distinction is inaccessible except in so far as it is ... More


Law and Society in Western Legal Theory

Brian Z. Tamanaha

in A General Jurisprudence of Law and Society

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199244676
eISBN:
9780191715044
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244676.003.0002
Subject:
Law, Philosophy of Law

This chapter reviews seven basic categories of thought in Western social and legal theory on the relationship between law and society: classical legal theory, natural law tradition, legal positivist ... More


A Non-Essentialist Legal Pluralism

Brian Z. Tamanaha

in A General Jurisprudence of Law and Society

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199244676
eISBN:
9780191715044
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244676.003.0007
Subject:
Law, Philosophy of Law

This chapter builds upon the conventionalist approach to law to develop a non-essentialist version of legal pluralism. The analysis proceeds largely in relation to sociological dimensions of legal ... More


Against the Mirror Thesis

Brian Z. Tamanaha

in A General Jurisprudence of Law and Society

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199244676
eISBN:
9780191715044
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244676.003.0005
Subject:
Law, Philosophy of Law

Powerful as the mirror thesis is, a few voices have expressed caution or outright opposition. This chapter elaborates on concrete social-historical reasons to question the assumption that law mirrors ... More


Elements of a General Jurisprudence

Brian Z. Tamanaha

in A General Jurisprudence of Law and Society

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199244676
eISBN:
9780191715044
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244676.003.0008
Subject:
Law, Philosophy of Law

This chapter ties all of the strings of the preceding argument together to set out the basic elements of the general jurisprudence. It specifies a replacement for the notion of society, and lays out ... More


Excusing Crime

Jeremy Horder

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225781
eISBN:
9780191715174
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225781.001.0001
Subject:
Law, Criminal Law and Criminology

This book examines the gradual emancipation of the individual in national and international law and the changing social attitudes towards personal choice in constituting identity. It demonstrates ... More


Loosening the Hold of the Mirror Thesis

Brian Z. Tamanaha

in A General Jurisprudence of Law and Society

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199244676
eISBN:
9780191715044
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244676.003.0003
Subject:
Law, Philosophy of Law

This chapter presents theoretical challenges to the portrait of the relationship between law and society. Almost every major strain of Western legal and social theory has articulated, or taken for ... More


The Role of Science in Law

Robin Feldman

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195368581
eISBN:
9780199867455
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368581.001.0001
Subject:
Law, Criminal Law and Criminology

The allure of science has always captivated members of the legal profession. Its siren's song offers a tune of perfection and the promise of endowing law with the respect and deference from society ... More


Fundamental Shifts in the Law-Society Relationship

Brian Z. Tamanaha

in A General Jurisprudence of Law and Society

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199244676
eISBN:
9780191715044
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244676.003.0004
Subject:
Law, Philosophy of Law

Fundamental changes have occurred in the way in which theorists talk about and understand the relationship between law and society, changes that have taken centuries to develop and are the result of ... More


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