Legal Theory and the Social Sciences

by Maksymilian Del Mar, Michael Giudice

Ever since H.L.A. Hart's self-description of "The Concept of Law" as an 'exercise in descriptive sociology', contemporary legal theorists have been debating the relationship between legal theory and sociology, and between legal theory and social science more generally. There have been some who have insisted on a clear divide between legal theory and the social sciences, citing fundamental methodological differences. Others have attempted to bridge gaps, revealing common challenges and similar objects of inquiry. Collecting the work of authors such as Martin Krygier, David Nelken, Brian Tamanaha, Lewis Kornhauser, Gunther Teubner and Nicola Lacey, this volume - the second in a three volume series - provides an overview of the major developments in the last thirty years. The volume is divided into three sections, each discussing an aspect of the relationship of legal theory and the social sciences: methodological disputes and collaboration; common problems, especially as they concern different modes of explanation of social behaviour; and, common objects, including, most prominently, the study of language in its social context and normative pluralism.

530 pages, Hardcover

First published October 1, 2010

About the author

Maksymilian Del Mar is Professor of Legal Theory and Legal Humanities in the Department of Law, Queen Mary University of London.

He studied philosophy, literature, and law at the University of Queensland, Australia (BA Hons / LLB Hons), with an Honours dissertation in philosophy and literature on Italo Calvino (1999-2004). He completed a Doctorate in Philosophy (PhD) at the School of Law, University of Edinburgh, Scotland (2006-2009), and a Doctorate in the Social Sciences (DSS) at the Faculty of Social and Political Sciences, University of Lausanne, Switzerland (2009-2012). Prior to academia, he qualified as a lawyer in Brisbane, Australia, and worked as a Judge’s Associate in the Supreme Court of Queensland. He arrived at Queen Mary in 2011.