Brian Z Tamanaha
Biographic Data
| ID | 287868 |
|---|---|
| NAME | Brian Z Tamanaha |
| GIVEN NAMES | Brian Z |
| FAMILY NAME | Tamanaha |
| SIGNATURE | TAMANAHA B Z |
| AFFILIATIONS | School of Law, Washington University in St. Louis, St. Louis, MO, USA |
| VERIFIED | No |
| TOTAL WORKS | 21 |
| TOTAL CITATIONS | 105 |
| AUTHOR COUNT | 20 |
| EDITOR COUNT | 1 |
| FIRST PUBLICATION YEAR | 1993 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 3 |
Ubiquity of Legal Pluralism and its Consequences
This article is a lightly edited version of the keynote address delivered at the 2023 ICON•S Annual Conference, held at Victoria University of Wellington—Te Herenga Waka, on 5 July 2023. I provide an overview of legal pluralism and its implications, addressing why legal pluralism heretofore has been overlooked by jurists, the historical roots of legal pluralism, how to identify what qualifies as law, internal and external legal pluralism, three c…
Entangled Legalities Beyond the State
Pragmatic Reconstruction in Jurisprudence: Features of a Realistic Legal Theory
A century ago the pragmatists called for reconstruction in philosophy. Philosophy at the time was occupied with conceptual analysis, abstractions, a priori analysis, and the pursuit of necessary, universal truths. Pragmatists argued that philosophy instead should center on the pressing problems of the day, which requires theorists to pay attention to social complexity, variation, change, power, consequences, and other concrete aspects of social l…
Legal pluralism across the global South: Colonial origins and contemporary consequences
This essay conveys past and present legally plural situations across the Global South, highlighting critical issues. It provide readers a deep sense of legal pluralism and an appreciation of its complexity and the consequences that follow. A brief overview of colonization sets the stage, followed by an extended discussion of colonial indirect rule, which formed the basis for political and legal pluralism. Thereafter, I discuss in order, the trans…
Scientific versus folk legal pluralism
Three decades ago I published “The folly of the ‘social scientific' concept of legal pluralism (1993) (hereinafter "Folly"). Reading this essay today brings me a rush of embarrassment. The article is obnoxious in tone, overconfident, and less than fully informed. At the time, I had recently entered academia, and launched an attack against what I thought was the orthodoxy of legal pluralism. Today, if it were possible to re-write the piece and rem…
Land Law and Disputes in Asia: In Search of an Alternative for Development
Reformulación pragmática de la filosofía del Derecho. Características de una teoría realista del Derecho
Hace un siglo, los pragmatistas promovieron una reformulación de la filosofía. La filosofía del momento estaba centrada en el análisis conceptual, las abstracciones, el análisis a priori y la búsqueda de verdades necesarias y universales. Los pragmatistas argüían que, por el contrario, la filosofía debería centrarse en los problemas del momento, lo que requiere que los teóricos presten atención a la complejidad social, la variación, el cambio, el…
Sociological Jurisprudence Past and Present
Through the mid-twentieth century, jurisprudents considered sociological jurisprudence to be one of the most influential theories of law in the United States. By end of the century, however, it had virtually disappeared. The publication of Roger Cotterrell’s Sociological Jurisprudence: Juristic Thought and Social Inquiry (2018) provides an occasion to examine what this theory of law was about, why it disappeared, and its prospects for revival. Th…
The Promise and Conundrums of Pluralist Jurisprudence
Legal Positivism
Legal Pluralism and Development: Scholars and Practitioners in Dialogue
Previous efforts at legal development have focused almost exclusively on state legal systems, many of which have shown little improvement over time. Recently, organizations engaged in legal development activities have begun to pay greater attention to the implications of local, informal, indigenous, religious and village courts or tribunals, which often are more efficacious than state legal institutions, especially in rural communities. Legal plu…
Beyond the Formalist-Realist Divide: The Role of Politics in Judging
Beyond the formalist-realist divide: The Role of Politics in Judging
On the Rule of Law: History, Politics, Theory
The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. The author outlines the…
A General Jurisprudence of Law and Society
"A theoretical and sociological exploration of the relationship between law and society, this book constructs an approach to law that integrates legal theory with sociological approaches to law. Law is generally understood to be a mirror of society - a reflection of its customs and morals - that functions to maintain social order. Focusing on this common understanding, the book conducts a survey of Western legal and social theories about law and …
The Internal/External Distinction and the Notion of a "Practice" in Legal Theory and Sociolegal Studies
This article analyzes the growing trend in legal and sociolegal theory to place a pivotal emphasis on the internal/external distinction. To provide a better understanding for the application of this distinction, the author elaborates on its origins in the philosophy of social sciences. Using detailed legal examples, he then develops a theory of a practice to help serve as an organizing concept for many applications of the distinction. Finally, ap…
The Lessons of Law-and-Development Studies
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Understanding Law in Micronesia: An Interpretive Approach to Transplanted Law
Preface CHAPTER ONE, Introduction Existing Approaches to Transplanted Law A. The Law and Development Movement B. Legal culture C. Legal Anthropology and Legal Pluralism Understanding (Law in Micronesia) (Understanding Law) in Micronesia Thesis CHAPTER TWO, The Setting Law from Afar Actors A. Expatriate Lawyer B. Micronesian Lawyer C. Non-Lawyer Micronesian Legal Actors D. Micronesian Non-Legal Actors Legal discourse A. Legal Language is English B…
Looking at Micronesia for Insights about the Nature of Law and Legal Thinking
Journal Article Looking at Micronesia for Insights About the Nature of Law and Legal Thinking Get access Brian Z. Tamanaha Brian Z. Tamanaha 1Brian Z. Tamanaha is an Assistant Professor of Law at the University of Amsterdam. This article is a modified version of an excerpt of Chapter II in my book, entitled Understanding Law in Micronesia: An Interpretive Approach to Transplanted Law (1993). I would ike to thank Brill Publishers for their permiss…
Understanding Law in Micronesia: An Interpretive Approach to Transplanted Law
This book examines law in Micronesia from a novel perspective. It draws upon several branches of interpretive analysis, including mundane phenomenology, symbolic interaction, and cultural hermeneutics, to construct a comprehensive approach to transplanted systems of state law. Rather than the usual focus on legal norms and institutions, this approach directs attention to the law-related meaningful actions and understandings of legal actors and of…
The Folly of the 'Social Scientific' Concept of Legal Pluralism
Despite its relatively recent origin about two decades ago, the concept of legal pluralism bears the marks of approaching ensconced establishment maturity. There is the Commission on Folk Law and Legal Pluralism, with a registered membership list that reads like the honour roll of living legal anthropologists; there are biennial international conferences; there is a growing number of published symposia; and, the ultimate sign of academic acceptan…
The Folly of the 'Social Scientific' Concept of Legal Pluralism
Despite its relatively recent origin about two decades ago, the concept of legal pluralism bears the marks of approaching ensconced establishment maturity. There is the Commission on Folk Law and Legal Pluralism, with a registered membership list that reads like the honour roll of living legal anthropologists; there are biennial international conferences; there is a growing number of published symposia; and, the ultimate sign of academic acceptan…
The Lessons of Law-and-Development Studies
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Internal/External Distinction and the Notion of a "Practice" in Legal Theory and Sociolegal Studies
This article analyzes the growing trend in legal and sociolegal theory to place a pivotal emphasis on the internal/external distinction. To provide a better understanding for the application of this distinction, the author elaborates on its origins in the philosophy of social sciences. Using detailed legal examples, he then develops a theory of a practice to help serve as an organizing concept for many applications of the distinction. Finally, ap…
Understanding Law in Micronesia: An Interpretive Approach to Transplanted Law
This book examines law in Micronesia from a novel perspective. It draws upon several branches of interpretive analysis, including mundane phenomenology, symbolic interaction, and cultural hermeneutics, to construct a comprehensive approach to transplanted systems of state law. Rather than the usual focus on legal norms and institutions, this approach directs attention to the law-related meaningful actions and understandings of legal actors and of…
Land Law and Disputes in Asia: In Search of an Alternative for Development
Sociological Jurisprudence Past and Present
Through the mid-twentieth century, jurisprudents considered sociological jurisprudence to be one of the most influential theories of law in the United States. By end of the century, however, it had virtually disappeared. The publication of Roger Cotterrell’s Sociological Jurisprudence: Juristic Thought and Social Inquiry (2018) provides an occasion to examine what this theory of law was about, why it disappeared, and its prospects for revival. Th…
Looking at Micronesia for Insights about the Nature of Law and Legal Thinking
Journal Article Looking at Micronesia for Insights About the Nature of Law and Legal Thinking Get access Brian Z. Tamanaha Brian Z. Tamanaha 1Brian Z. Tamanaha is an Assistant Professor of Law at the University of Amsterdam. This article is a modified version of an excerpt of Chapter II in my book, entitled Understanding Law in Micronesia: An Interpretive Approach to Transplanted Law (1993). I would ike to thank Brill Publishers for their permiss…
Understanding Law in Micronesia: An Interpretive Approach to Transplanted Law
This book examines law in Micronesia from a novel perspective. It draws upon several branches of interpretive analysis, including mundane phenomenology, symbolic interaction, and cultural hermeneutics, to construct a comprehensive approach to transplanted systems of state law. Rather than the usual focus on legal norms and institutions, this approach directs attention to the law-related meaningful actions and understandings of legal actors and of…
The Folly of the 'Social Scientific' Concept of Legal Pluralism
Despite its relatively recent origin about two decades ago, the concept of legal pluralism bears the marks of approaching ensconced establishment maturity. There is the Commission on Folk Law and Legal Pluralism, with a registered membership list that reads like the honour roll of living legal anthropologists; there are biennial international conferences; there is a growing number of published symposia; and, the ultimate sign of academic acceptan…
Understanding Law in Micronesia: An Interpretive Approach to Transplanted Law
Preface CHAPTER ONE, Introduction Existing Approaches to Transplanted Law A. The Law and Development Movement B. Legal culture C. Legal Anthropology and Legal Pluralism Understanding (Law in Micronesia) (Understanding Law) in Micronesia Thesis CHAPTER TWO, The Setting Law from Afar Actors A. Expatriate Lawyer B. Micronesian Lawyer C. Non-Lawyer Micronesian Legal Actors D. Micronesian Non-Legal Actors Legal discourse A. Legal Language is English B…
The Lessons of Law-and-Development Studies
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Internal/External Distinction and the Notion of a "Practice" in Legal Theory and Sociolegal Studies
This article analyzes the growing trend in legal and sociolegal theory to place a pivotal emphasis on the internal/external distinction. To provide a better understanding for the application of this distinction, the author elaborates on its origins in the philosophy of social sciences. Using detailed legal examples, he then develops a theory of a practice to help serve as an organizing concept for many applications of the distinction. Finally, ap…
A General Jurisprudence of Law and Society
"A theoretical and sociological exploration of the relationship between law and society, this book constructs an approach to law that integrates legal theory with sociological approaches to law. Law is generally understood to be a mirror of society - a reflection of its customs and morals - that functions to maintain social order. Focusing on this common understanding, the book conducts a survey of Western legal and social theories about law and …
On the Rule of Law: History, Politics, Theory
The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. The author outlines the…
Beyond the Formalist-Realist Divide: The Role of Politics in Judging
Beyond the formalist-realist divide: The Role of Politics in Judging
Legal Pluralism and Development: Scholars and Practitioners in Dialogue
Previous efforts at legal development have focused almost exclusively on state legal systems, many of which have shown little improvement over time. Recently, organizations engaged in legal development activities have begun to pay greater attention to the implications of local, informal, indigenous, religious and village courts or tribunals, which often are more efficacious than state legal institutions, especially in rural communities. Legal plu…
Legal Positivism
Sociological Jurisprudence Past and Present
Through the mid-twentieth century, jurisprudents considered sociological jurisprudence to be one of the most influential theories of law in the United States. By end of the century, however, it had virtually disappeared. The publication of Roger Cotterrell’s Sociological Jurisprudence: Juristic Thought and Social Inquiry (2018) provides an occasion to examine what this theory of law was about, why it disappeared, and its prospects for revival. Th…
The Promise and Conundrums of Pluralist Jurisprudence
Reformulación pragmática de la filosofía del Derecho. Características de una teoría realista del Derecho
Hace un siglo, los pragmatistas promovieron una reformulación de la filosofía. La filosofía del momento estaba centrada en el análisis conceptual, las abstracciones, el análisis a priori y la búsqueda de verdades necesarias y universales. Los pragmatistas argüían que, por el contrario, la filosofía debería centrarse en los problemas del momento, lo que requiere que los teóricos presten atención a la complejidad social, la variación, el cambio, el…
Entangled Legalities Beyond the State
Pragmatic Reconstruction in Jurisprudence: Features of a Realistic Legal Theory
A century ago the pragmatists called for reconstruction in philosophy. Philosophy at the time was occupied with conceptual analysis, abstractions, a priori analysis, and the pursuit of necessary, universal truths. Pragmatists argued that philosophy instead should center on the pressing problems of the day, which requires theorists to pay attention to social complexity, variation, change, power, consequences, and other concrete aspects of social l…
Legal pluralism across the global South: Colonial origins and contemporary consequences
This essay conveys past and present legally plural situations across the Global South, highlighting critical issues. It provide readers a deep sense of legal pluralism and an appreciation of its complexity and the consequences that follow. A brief overview of colonization sets the stage, followed by an extended discussion of colonial indirect rule, which formed the basis for political and legal pluralism. Thereafter, I discuss in order, the trans…
Scientific versus folk legal pluralism
Three decades ago I published “The folly of the ‘social scientific' concept of legal pluralism (1993) (hereinafter "Folly"). Reading this essay today brings me a rush of embarrassment. The article is obnoxious in tone, overconfident, and less than fully informed. At the time, I had recently entered academia, and launched an attack against what I thought was the orthodoxy of legal pluralism. Today, if it were possible to re-write the piece and rem…
Land Law and Disputes in Asia: In Search of an Alternative for Development
Ubiquity of Legal Pluralism and its Consequences
This article is a lightly edited version of the keynote address delivered at the 2023 ICON•S Annual Conference, held at Victoria University of Wellington—Te Herenga Waka, on 5 July 2023. I provide an overview of legal pluralism and its implications, addressing why legal pluralism heretofore has been overlooked by jurists, the historical roots of legal pluralism, how to identify what qualifies as law, internal and external legal pluralism, three c…
Law (17 works) · Political science (17 works) · Sociology (15 works) · Philosophy (12 works) · Epistemology (11 works) · Law in Society and Culture (9 works) · Law (7 works) · Judicial and Constitutional Studies (6 works) · Law and economics (6 works) · Legal pluralism (6 works)