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Realistic Socio-Legal Theory$
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Brian Z. Tamanaha

Print publication date: 1999

Print ISBN-13: 9780198298250

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198298250.001.0001

An Analytical Map of the Concept of Law

Chapter:
(p. 91 ) 4 An Analytical Map of the Concept of Law
Source:
Realistic Socio-Legal Theory
Author(s):

Brian Z. Tamanaha

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198298250.003.0004

This chapter focuses on current problems faced by legal philosophers brought about by their failure to arrive at an agreement regarding the true nature of law. The failure to define the true meaning of law leads to different and erroneous notions of the relationship between law and its relation to the society. Most of the definitions presented are divided into two positions, the first seeks to define law as a legal construct, while the other describes law in a social science perspective. Such endeavours are futile in the end because law is a social construct, lacking any essential universal nature.

Keywords:   legal philosophers, law, social science, legal construct, social construct

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