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 its relationship within society, engaging in a theoretical and empirical critique of this common understanding.

• 1: The Framework


• 2: Law and Society in Western Legal and Social Theory


• 3: Loosening the Hold of the Mirror Thesis


• 4: Against the Mirror Thesis


• 5: A Socio-Legal Positivist Approach to Law


• 6: A Non-Essentialist Legal Pluralism


• 7: Elements of a General Jurisprudence


• Index

Brian Z. Tamanaha is Professor of Law at St John's Univerity School of Law, New York