Law and Society

  • Brian Z. Tamanaha

    Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

    5 Scopus citations
    Original languageEnglish
    Title of host publicationA Companion to Philosophy of Law and Legal Theory
    Subtitle of host publicationSecond edition
    PublisherWiley Blackwell
    Pages368-380
    Number of pages13
    ISBN (Print)9781405170062
    DOIs
    StatePublished - Jan 27 2010

    Keywords

    • Gap between officially declared norms (the "positive law") and what legal officials actually do
    • Image of legal system-to enforce norms, missing important aspects of underlying reality
    • In United States, "law and society"-back to sociological jurisprudence and legal realism of early twentieth century
    • Institutional form of law
    • Law and society scholars-paying attention to legal pluralism
    • Law and society-potentially boundless subject
    • Law as social ordering
    • Mirror of society-functioning to maintain social order
    • Paramount function of law-regulating and constraining behavior of individuals in relationships with one another
    • That law mirrors society-what makes law effective and legitimate in functioning to maintain social order

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