These first two aims are joined in my presentation of the social theory of law, a symbolic interactionist-based view of law which serves as a common analytical baseline for socio-legal studies and legal theory. I apply the social theory of law to offer answers to many of the core issues in jurisprudence, including: what is law? what is law's relation to society? what is the nature of legal positivism? is law indeterminate? is law just politics? While I cannot claim to have conclusively resolved any one of these questions, what I have done is show how they can be approached and understood from a realistic, informed social science perspective. My third aim is to mount a response to the increasing influence of the self-avowed critical school of socio-legal theory. I argue that this critical approach is epistemologically unsound, potentially harmful to the socio-legal enterprise, and does little to advance the political causes critical scholars tout. Because my political views substantially overlap with those of critical scholars, in this work I find myself in the uncom- fortable position of being most critical of scholars for whom I have a great deal of sympathy. But my conviction that the critical approach does more harm than good for the political causes we share compels me to present this response. Chapter One is the Introduction, in which I briefly describe the intel- lectual currents that surround the field of socio-legal studies, and I elab- orate on the most prominent problems the field currently suffers from. This Chapter will set the scene for the foundation laying to come. The realistic approach I elaborate will respond to the problems that dog the field. Chapter Two establishes the theoretical foundation for realistic socio- legal studies by laying out and then drawing upon philosophical prag- matism. I discuss the current popularity of pragmatism in legal theory, and I use pragmatism and its connections to Legal Realism to locate the position of socio-legal studies in relation to the current schools of legal theory, especially Critical Legal Studies and Law and Economics. An important aspect of this discussion will be to ground the fact-value distinction in the only way it can be understood consistent with post- modernism. Chapter Three discusses behaviourism and interpretivism, with their respective emphases on behaviour and meaning, as they have been invoked in legal theory and socio-legal studies. A realistic approach draws equally from both, though that is easier said than done since so much of their past interaction has been antagonistic. I articulate the -xii- |