A General Jurisprudence of Law and Society

Tamanaha, Brian Ζ.

doi:10.1093/acprof:oso/9780199244676.001.0001

Cited by 310 publications

(106 citation statements)

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“…We agree with Chambliss and Seidman that it is futile to search for an ''essence'' of law, a single definition that is correct for all purposes (see Tamanaha 2001). Law is best seen as a ''family resemblance'' concept (Wittgenstein 2009, §67;Pirie 2013: 8), covering phenomena linked by a network of similarities rather than a single defining characteristic.…”

Section: Legal Pluralism and The Concept Of Lawmentioning

confidence: 52%

Law, the State, and the Dialectics of State Crime

Ward

Green

2015

Crit Crim

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Section: Legal Pluralism and The Concept Of Lawmentioning

confidence: 52%

Law, the State, and the Dialectics of State Crime

Ward

Green

2015

Crit Crim

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“…For instance, the opposition between monocentric and polycentric law is derived from Nordic scholarship which uses this terminology and which, as Hanne Petersen has illustrated, has a specific relevance to feminist legal thought (Petersen 1997). 7 The opposition between law as singular or monistic and law as plural is commonly found in the legal pluralism literature, where 'pluralism' refers sometimes to multiple systems of law co-existing in the one space (Griffiths 1986), sometimes to multiple concepts of law (Tamanaha 2001) and sometimes to the inherent pluralism of state law (Manderson 1996;Kleinhans and Macdonald 1997;Davies 2006). And of course Foucault's lectures on power and knowledge are the source for the distinction between top-down and decentred forms of power (Foucault 1980, pp.…”

Section: Two Expressions Of Lawmentioning

confidence: 99%

Feminism and the Flat Law Theory

Davies

2008

Fem Leg Stud

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This article examines two modalities of law, depicted spatially as the vertical and the horizontal. The intellectual background for seeing law in vertical and horizontal dimensions is to be found in much socio-legal scholarship. These approaches have challenged the modernist, legal positivist and essentially vertical view of law as a system of imperatives emanating from a hierarchically superior source such as a sovereign. In keeping with the socio-legal critical tradition, but approaching it from the perspective of legal philosophy, my aim is to address three matters. First, why is vertical law problematic for feminists? Second, what are the theoretical characteristics of law in its horizontal register? Third, how is an appreciation of this 'flat' law useful for feminist legal theory and practice? In particular, I consider the ways in which feminist legal theory operating in the horizontal dimension can transgress, without transcending, the vertically determined perimeters of the nation state.

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“…In substantive approaches, the content is evaluated of the 'product' whose legitimacy should be determined (cf., e.g., Shapiro's 1981 approach, insofar as consent is based on the content of a court's decision). Tamanaha (2001) casts doubt on the very value of the legitimacy enterprise, which he describes as the project to provide a legal system with some kind of justification. Tamanaha's critical comments with respect the socalled 'evolutionary myth' and 'mirror thesis' regard the implausibility of the assumption that the norms and values of a society are reflected in positive law.…”

Section: Introductionmentioning

confidence: 99%

Legitimacy and the Virtualization of Dispute Resolution

Mommers¹

2005

Artif Intell Law

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Abstract. For any type of institutionalized dispute resolution, legitimacy is a crucial characteristic, as legitimate dispute resolution promotes, for instance, general trust in state institutions and participation in economic activity. A lack of legitimacy will prevent the acceptance of dispute resolution, and thereby its use. Although many textbook definitions limit the meaning of legitimacy to legality, in its every-day use legitimacy is in fact a much broader concept. It encompasses different criteria relating to the nature of dispute resolution: is a form of dispute resolution properly embedded in a reliable institutional environment?, and: are its outcomes properly underpinned? Virtualization concerns the ways in which information and communication technologies affect administration, communication, accessibility and assessment. As an example of virtualization in dispute resolution, a scenario about on-line feedback is scrutinized. This scenario comprises the implementation of a feedback system to enable participants in an instance of dispute resolution to comment on various aspects of the dispute resolving process.

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A General Jurisprudence of Law and Society

Cited by 310 publications

References 0 publications

Law, the State, and the Dialectics of State Crime

Law, the State, and the Dialectics of State Crime

Feminism and the Flat Law Theory

Legitimacy and the Virtualization of Dispute Resolution

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