Critical Analysis of B. Tamanaha’s Legal Theory
The paper analyzes some ideas and interpretations of legal issues proposed in the works of the famous American lawyer B. Tamanaha. The research focuses on his attempt to “correct” the negative aspects of the instrumental approach to law, which, according to the American scientist, dominates in modern jurisprudence. To overcome the danger of “pure” instrumentalism B. Tamanaha suggests some solutions. However, it should be noted that instrumentalism in its interpretation is rather one-sided. The novelty of the present study lies in a critical analysis of the division of legal understanding into instrumental and non-instrumental. Based on the analysis, the author of the paper comes to the conclusion that the general vector of Tamanaha’s theory is quite justified, but his simplified interpretation of the well-known idea “law as a means to an end” is controversial.