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Rule of law. --- Rule of law --- History. --- Supremacy of law --- Administrative law --- Constitutional law --- History

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Legal theory and methods. Philosophy of law --- Droit--Sociologie --- Gerechtelijke sociologie --- Law--Sociology --- Recht--Sociologie --- Sociologie du droit --- Sociologie van het recht --- Théorie du droit --- Sociological jurisprudence --- --Law --- Philosophy --- Law --- Sociological jurisprudence. --- Philosophy. --- Law and society --- Society and law --- Sociology of law --- Sociology --- Jurisprudence --- Law and the social sciences --- Law - Philosophy

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Drawing on philosophical pragmatism, the author 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.

Sociological jurisprudence. --- Law --- Philosophy. --- Jurisprudence --- Law and society --- Society and law --- Sociology of law --- Sociology --- Law and the social sciences

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According to conventional wisdom in American legal culture, the 1870's to 1920's was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920's and 1930's, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.

Law --- Judicial process --- Judges --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Philosophy. --- Political aspects --- Legal realism. --- Legal formalism.

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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.

Law --- Jurisprudence --- Philosophy.