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Sociological Approaches to Theories of Law


ISBN13: 9781009124362
Published: June 2022
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £17.00



Sociological Approaches to Theories of Law applies empirical insights to examine theories of law proffered by analytical jurisprudents. The topics covered include artifact legal theory, law as a social construction, idealized accounts of the function of law, the dis-embeddeness of legal systems, the purported guidance function of law, the false social efficacy thesis, missteps in the quest to answer 'What is law?', and the relationship between empiricism and analytical jurisprudence. The analysis shows that on a number of central issues analytical jurisprudents assert positions inconsistent with the social reality of law. Woven throughout the text, the author presents a theoretically and empirically informed account of law as a social institution. The overarching theme is that philosophical claims about the nature of law can be tested and improved through greater empirical input.

Subjects:
Jurisprudence
Contents:
1. The Problems With Artifact Legal Theory
2. Law as a Social Construction
3. Five Implications of Social Constructionism
4. Idealized Accounts of the Functions Of Law
5. The Dis-Embeddedness of Legal Systems
6. The Purported Guidance Function of Law
7. The False Social Efficacy Thesis
8. Missteps in the Quest to Answer 'What Is Law?'
9. Empiricism and Analytical Jurisprudence
References.

Series: Elements in Philosophy of Law

Revisiting the Rule of Law ISBN 9781009009676
Published January 2023
Cambridge University Press
£17.00
Revisiting the Rule of Law (eBook) ISBN 9781009007382
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£17.00
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The Materiality of the Legal Order ISBN 9781009009669
Published May 2022
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£17.00
The Materiality of the Legal Order (eBook) ISBN 9781009007375
Published May 2022
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£17.00
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Hans Kelsen's Normativism (eBook) ISBN 9781009007597
Published March 2022
Cambridge University Press
£17.00
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Hans Kelsen's Normativism ISBN 9781108995221
Published March 2022
Cambridge University Press
£17.00