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Postmodern Philosophy and Law

Postmodern Philosophy and Law PDF Author: Douglas E. Litowitz
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 248

Book Description
The author presents a two-tiered analysis that views postmodern legal thought as both a collective intellectual movement, and as the work of particular theorists, notably Friedrich Nietzsche, Michel Foucault, Jacques Derrida, Francois Lyotard, and Richard Rorty. He concludes that even though postmodern thought does not give rise to a normative theory of right that can be used as a framework for deciding cases, it can focus attention on genealogy and discourse, and can empower those who have been denied a voice in the legal system. Annotation copyrighted by Book News, Inc., Portland, OR

Postmodern Philosophy and Law

Postmodern Philosophy and Law PDF Author: Douglas E. Litowitz
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 248

Book Description
The author presents a two-tiered analysis that views postmodern legal thought as both a collective intellectual movement, and as the work of particular theorists, notably Friedrich Nietzsche, Michel Foucault, Jacques Derrida, Francois Lyotard, and Richard Rorty. He concludes that even though postmodern thought does not give rise to a normative theory of right that can be used as a framework for deciding cases, it can focus attention on genealogy and discourse, and can empower those who have been denied a voice in the legal system. Annotation copyrighted by Book News, Inc., Portland, OR

Postmodernism and Law

Postmodernism and Law PDF Author: Helen Stacy
Publisher: Ashgate Publishing
ISBN:
Category : Jurisprudence
Languages : en
Pages : 232

Book Description
This discussion asserts that legal theory is being transformed by postmodern and critical social theory. The author argues for a familiarity with postmodern legal and social theory, as postmodernism could potentially fundamentally alter the legal meaning of agency, rationality, and intention.

Postmodern Legal Movements

Postmodern Legal Movements PDF Author: Gary Minda
Publisher: NYU Press
ISBN: 0814761011
Category : Law
Languages : en
Pages : 362

Book Description
What do Catharine MacKinnon, the legacy of Brown v. Board of Education, and Lani Guinier have in common? All have, in recent years, become flashpoints for different approaches to legal reform. In the last quarter century, the study and practice of law have been profoundly influenced by a number of powerful new movements; academics and activists alike are rethinking the interaction between law and society, focusing more on the tangible effects of law on human lives than on its procedural elements. In this wide-ranging and comprehensive volume, Gary Minda surveys the current state of legal scholarship and activism, providing an indispensable guide to the evolution of law in America.

American Legal Thought from Premodernism to Postmodernism

American Legal Thought from Premodernism to Postmodernism PDF Author: Stephen M. Feldman
Publisher: Oxford University Press
ISBN: 019802696X
Category : Law
Languages : en
Pages : 288

Book Description
The intellectual development of American legal thought has progressed remarkably quickly form the nation's founding through today. Stephen Feldman traces this development through the lens of broader intellectual movements and in this work applies the concepts of premodernism, modernism, and postmodernism to legal thought, using examples or significant cases from Supreme Court history. Comprehensive and accessible, this single volume provides an overview of the evolution of American legal thought up to the present.

Explaining Postmodernism

Explaining Postmodernism PDF Author: Stephen R. C. Hicks
Publisher: Scholargy Publishing, Inc.
ISBN: 9781592476428
Category : Philosophy
Languages : en
Pages : 250

Book Description


Erich Przywara and Postmodern Natural Law

Erich Przywara and Postmodern Natural Law PDF Author: Graham James McAleer
Publisher:
ISBN: 9780268105938
Category : Philosophy
Languages : en
Pages : 124

Book Description
Graham McAleer's Erich Przywara and Postmodern Natural Law is the first work to present in an accessible way the thinking of Erich Przywara (1889-1972) for an English-speaking audience. Przywara's work remains little known to a broad Catholic audience, but it had a major impact on many of the most celebrated theologians of the twentieth century, including Hans Urs von Balthasar, Karl Rahner, Edith Stein, and Karl Barth. Przywara's ground-breaking text Analogia Entis (The analogy of being) brought theological metaphysics into the modern era. While the concept of "analogy of being" is typically understood in static terms, McAleer explores how Przywara transformed it into something dynamic. McAleer shows the extension of Przywara's thought into a range of disciplines: from a new theory of natural law to an explanation of how misunderstanding the analogy of being lies at the foundation of the puzzles of modernity and postmodernity. He demonstrates, through Przywara's conceptual framework, how contemporary moral problems, such as those surrounding robots, Islam and sumptuary laws, Nazism (including fascism and race), embryos, migration, and body modification, among others, are shaped by the failure of Western thought to address metaphysical quandaries. McAleer updates Przywara for a new audience searching for solutions to the failing humanism of the current age. This book will be of interest to intellectuals and scholars in a wide range of disciplines within philosophy or theology, and will appeal especially to those interested in systematic and moral theology.

Politics, Postmodernity and Critical Legal Studies

Politics, Postmodernity and Critical Legal Studies PDF Author: Costas Douzinas
Publisher: Routledge
ISBN: 1134883579
Category : Social Science
Languages : en
Pages : 248

Book Description
This timely and assured book provides a unique guide to critical legal studies which is one of the most exciting developments within contemporary jurisprudence. It is the first book to systematically apply a critical philosophy to the substance of common law. The book develops a coruscating and interdisciplinary overview of the politics and cultural significance of the institutions of the law.

Law, Modernity, Postmodernity

Law, Modernity, Postmodernity PDF Author: Brendan Edgeworth
Publisher: Routledge
ISBN: 1351725610
Category : Law
Languages : en
Pages : 445

Book Description
This title was first published in 2003. This book examines the interrelationship between the unravelling of the post-war welfare state and legal change. By reference to theorists of postmodernity such as Zygmunt Bauman, Scott Lash and John Urry, and David Harvey, the principal argument is that contemporary law and legal institutions can be best understood as having changed in ways that mirror the recent transformation of the interventionist welfare state and its Fordist, Keynesian economic infrastructure. The key changes identified in the legal field include:- the shift toward marketized regulatory structures as reflected in privatization and deregulation, the attenuation of welfare rights, the privatization of justice, legal polycentricity, the reconfiguration of the welfare state’s social citizenship and the globalization of law. Empirical evidence from a number of jurisdictions is adduced to indicate the general direction of change.

Jurisprudence

Jurisprudence PDF Author: Wayne Morrison
Publisher: Routledge
ISBN: 113535281X
Category : Law
Languages : en
Pages : 732

Book Description
This challenging book on jurisprudence begins by posing questions in the post-modern context,and then seeks to bridge the gap between our traditions and contemporary situation. It offers a narrative encompassing the birth of western philosophy in the Greeks and moves through medieval Christendom, Hobbes, the defence of the common law with David Hume, the beginnings of utilitarianism in Adam Smith, Bentham and John Stuart Mill, the hope for enlightenment with Kant, Rousseau, Hegel and Marx, onto the more pessimistic warnings of Weber and Nietzsche. It defends the work of Austin against the reductionism of HLA Hart, analyses the period of high modernity in the writings of Kelsen, Hart and Fuller, and compares the different approaches to justice of Rawls and Nozick. The liberal defence of legality in Ronald Dworkin is contrasted with the more disillusioned accounts of the critical legal studies movement and the personalised accounts of prominent feminist writers.

International Legal Positivism in a Post-Modern World

International Legal Positivism in a Post-Modern World PDF Author: Jörg Kammerhofer
Publisher: Cambridge University Press
ISBN: 1316062384
Category : Law
Languages : en
Pages :

Book Description
International Legal Positivism in a Post-Modern World provides fresh perspectives on one of the most important and most controversial families of theoretical approaches to the study and practice of international law. The contributors include leading experts on international legal theory who analyse and criticise positivism as a conceptual framework for international law, explore its relationships with other approaches and apply it to current problems of international law. Is legal positivism relevant to the theory and practice of international law today? Have other answers to the problems of international law and the critique of positivism undermined the positivist project and its narratives? Do modern forms of positivism, inspired largely by the theoretically sophisticated jurisprudential concepts associated with Hans Kelsen and H. L. A. Hart, remain of any relevance for the international lawyer in this 'post-modern' age? The authors provide a wide variety of views and a stimulating debate about this family of approaches.