Postmodern Philosophy and Law


Author: Douglas E. Litowitz
Publisher: N.A
ISBN: N.A
Category: Law
Page: 230
View: 9602
DOWNLOAD NOW »
Now that contemporary scholars have begun to extend postmodern theory to law, an appraisal of its relevance in that sphere is especially important. This book offers a critical introduction to writings on law by key postmodern philosophers—Nietzsche, Foucault, Derrida, Lyotard, and Rorty—and articulates the strengths and weaknesses of postmodern legal theory. Douglas Litowitz takes a critical stance on these thinkers and determines that postmodern philosophy falls short of a positive jurisprudence—a vision of a just state and a moral legal system—because it takes an unduly external perspective on the law and espouses an unworkable anti-foundationalism. The postmodernist perspective, he argues, is too removed from our legal practices to resolve legal problems like abortion, flag burning, or pornography. Litowitz shows that postmodernism is so far removed from the language games in which lawyers and judges decide key legal issues that it leaves the internal practice of law untouched, and its radical rejection of foundations precludes a position from which a just legal system might be built. Still, postmodernism can make a significant contribution to legal theory by showing the limits of existing arrangements, focusing attention on genealogy and discourse, and empowering those who have been denied a voice under the legal system. Postmodern Philosophy and Law bridges the gap between Anglo-American jurisprudence and postmodern theory by discussing not only traditional approaches such as natural law theory and legal positivism but also continental philosophy and critical legal studies. It is the first book to expound and critique postmodern legal theory and its ramifications for a mainstream audience of legal scholars and philosophers.

The Problematics of Moral and Legal Theory


Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674042230
Category: Law
Page: 336
View: 8117
DOWNLOAD NOW »
Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, "The Problematics of Moral and Legal Theory" offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.

Postmodern Philosophy and the Scientific Turn


Author: Dorothea E. Olkowski
Publisher: Indiana University Press
ISBN: 0253001145
Category: Philosophy
Page: 248
View: 2821
DOWNLOAD NOW »
A groundbreaking, interdisciplinary approach to the study of consciousness: “Beautifully written, engaging throughout, and captivating” (Claire Colebrook, The Pennsylvania State University). What can come of a scientific engagement with postmodern philosophy? Some scientists have claimed that the social sciences and humanities have nothing to contribute, except perhaps peripherally, to their research. Dorothea E. Olkowski shows that mathematics itself—the historic link between science and philosophy—plays a fundamental role in the development of the worldviews that drive both fields. Focusing on language, its usage and expression of worldview, she develops a phenomenological account of human thought and action to explicate the role of philosophy in the sciences. Olkowski proposes a model of phenomenology, both scientific and philosophical, that helps make sense of reality and composes an ethics for dealing with unpredictability in our world.

The Cambridge Companion to Postmodernism


Author: Steven Connor
Publisher: Cambridge University Press
ISBN: 1107494133
Category: Literary Criticism
Page: 256
View: 6265
DOWNLOAD NOW »
The Cambridge Companion to Postmodernism offers a comprehensive introduction to postmodernism. The Companion examines the different aspects of postmodernist thought and culture that have had a significant impact on contemporary cultural production and thinking. Topics discussed by experts in the field include postmodernism's relation to modernity, and its significance and relevance to literature, film, law, philosophy, architecture, religion and modern cultural studies. The volume also includes a useful guide to further reading and a chronology. This is an essential aid for students and teachers from a range of disciplines interested in postmodernism in all its incarnations. Accessible and comprehensive, this Companion addresses the many issues surrounding this elusive, enigmatic and often controversial topic.

Nietzsche and Legal Theory

Half-Written Laws
Author: Peter Goodrich,Mariana Valverde
Publisher: Routledge
ISBN: 1136749675
Category: Law
Page: 224
View: 2231
DOWNLOAD NOW »
Nietzsche and Legal Theory is an anthology designed to provide legal and socio-legal scholars with a sense of the very wide range of projects and questions in whose pursuit Nietzsche's work can be useful. From medical ethics to criminology, from the systemic anti-Semitism of legal codes arising in Christian cultures, to the details of intellectual property debates about regulating the use of culturally significant objects, the contributors (from the fields of law, philosophy, criminology, cultural studies, and literary studies) demonstrate and enact the sort of creativity that Nietzsche associated with the "free-spirits" to whom he addressed some of his most significant work.

Methods of Legal Reasoning


Author: Jerzy Stelmach,Bartosz Brozek
Publisher: Springer Science & Business Media
ISBN: 1402049390
Category: Law
Page: 233
View: 5753
DOWNLOAD NOW »
Methods of Legal Reasoning describes and criticizes four methods used in legal practice, legal dogmatics and legal theory: logic, analysis, argumentation and hermeneutics. The book takes the unusual approach of discussing in a single study four different, sometimes competing concepts of legal method. Sketched this way, the panorama allows the reader to reflect deeply on questions concerning the methodological conditioning of legal science and the existence of a unique, specific legal method.

Theories of Justice

A Dialogue with Karol Wojtyla/John Paul II and Karl Barth
Author: Stephanie Mar Brettmann
Publisher: Wipf and Stock Publishers
ISBN: 1630877964
Category: Religion
Page: 242
View: 8533
DOWNLOAD NOW »
What is justice? How do we know justice? How is justice cultivated in society? These are the three questions that guide this critical dialogue with two representatives of the Catholic and Protestant traditions: Karl Barth and Karol Wojtyla/John Paul II. Though the two thought leaders are shaped within divergent theological traditions and historical contexts, they both appeal to Christian anthropology as a starting point for justice. Their explorations into the nature of humanity yield robust new theories of justice that remain relevant for our contemporary era. The third interlocutor, our female author, brings her own voice fully into the dialogue in the third part of the book in order to address the shortcomings in their theories and build upon their insights, all the while seeking theories of humanity and social justice that result in justice for all persons.

Talking feminist politics

conversations on law, science, and the postmodern
Author: Eloise A. Buker
Publisher: Rowman & Littlefield Pub Inc
ISBN: N.A
Category: Political Science
Page: 230
View: 5049
DOWNLOAD NOW »
Feminist political theory now flourishes in the discourses of the law, science, and postmodern philosophy. Analyzing these three feminist discourses, Eloise A. Buker uses feminist legal conversations to refine our understanding of justice, feminist science to examine the connections between truth and politics, and postmodern feminism to analyze habits, symbols, and speech that frame ethical codes which in turn shape political relationships.

Modernity, a World of Confusion:Causes


Author: Jack Stanfield
Publisher: Xlibris Corporation
ISBN: 1465321837
Category: Philosophy
Page: 205
View: 4927
DOWNLOAD NOW »
Have you ever wondered why society is getting cruder and ruder, with stress, depression and mental illness rising and little joy felt? Why children behave badly and schools are failing? Why trust has vanished with your identity? And why sex is oozing out of every aspect of the culture? We live in a skeptical age with the country splintering into special interest groups claiming to be victims and requiring special treatment, and a Congress thats deadlocked in partisan bickering. There is anger and tension and really intolerable things being tolerated, placing women and children in danger. If you have such questions, this is your book, an inquiry into the spirit of the age. Examined are root causes for the darkened culture, immoral behavior, and rejection of traditions. The age glorifies science and technical progress, and yet is unhappy and sickly. Individualism surmounts community concerns creating narcissistic people tending toward nihilism, where the self is the center of the universe. The postmodern culture throws away things, relationships, and lives, like it disposes of outdated items. Logic is replaced with how I feel, and reliance on personal experience for making decisions. Relativism is accepted in ethics and for determining truth, so that it is my truth and your truth, and objectivity and common sense are lost. Science is erecting the abstract man, who, in the process, has lost heart and a sense of reality, living in a delusional world. The result is a profusion of confusion.

Gender in Philosophy and Law


Author: Laura Palazzani
Publisher: Springer Science & Business Media
ISBN: 9400749910
Category: Law
Page: 116
View: 9743
DOWNLOAD NOW »
This book is an introductory systematic framework in the complex and interdisciplinary sex/gender debate, focusing on philosophy of law.The volume analyses the different theories that have dealt with the gender category, highlighting the conceptual premises and the arguments of the most influential theories in the debate, which have had repercussions on the field of the ethical and juridical debate (with reference to intersexuality, transsexualism, transgender, homosexuality). The aim is to offer a sort of conceptual orientation in the complexity of the debate, in an effort to identify the various aspects and development processes of the theories, so as to highlight the conceptual elements of the theorisations to grasp the problem areas within them. It is therefore an overall synthetic and also explicative analysis, but not only explicative: the aim is to outline the arguments supporting the different theories and the counter-arguments too, for the purpose of proposing categories to weigh up the elements and to take one’s own critical stance, with a methodological style that is neither descriptive nor prescriptive, but critical. ​

Politics, Postmodernity and Critical Legal Studies

The Legality of the Contingent
Author: Costas Douzinas,Peter Goodrich,Yifat Hachamovitch
Publisher: Routledge
ISBN: 1134883579
Category: Social Science
Page: 240
View: 8990
DOWNLOAD NOW »
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.

Philosophy of Law

An Introduction
Author: Christopher Berry Gray
Publisher: Routledge
ISBN: 1134313772
Category: Law
Page: 264
View: 1606
DOWNLOAD NOW »
Philosophy of Law: An Introduction provides an ideal starting point for students of philosophy and law as it assumse no prior knowledge of either subject. The book is structured around the key issues and themes in the philosophy of law, including: what is the law? - exploring the major legal theories of realism, positivism and natural law the reach of the law - covering authority, rights, liberty, privacy and tolerance criminal responsibility and punishment - including legal defenses, crime, diminished responsibility and theories of punishment. The second edition is updated with important developments in English law, the general impact of the Human Rights Act and the defence of necessity in relation to the Case of the Conjoined Twins. Radical Marxism, feminist, critical legal studies and critical race theories are also explained against the background of controversy between postmodernism and defences of modernity. New chapters assess the value of traditional legal theory and various critical perspectives and study questions at the end of each chapter help students explore the most important issues in philosophy of law.

Overcoming Onto-Theology

Toward a Postmodern Christian Faith
Author: Merold Westphal
Publisher: Fordham University Press
ISBN: 0823221296
Category: Philosophy
Page: 306
View: 9583
DOWNLOAD NOW »
Overcoming Onto-theology is a stunning collection of essays by Merold Westphal, one of America's leading continental philosophers of religion, in which Westphal carefully explores the nature and the structure of a postmodern Christian philosophy. Written with characteristic clarity and charm, Westphal offers masterful studies of Heidegger's early lectures on Paul and Augustine, the idea of hermeneutics, Schleiermacher, Hegel, Derrida, and Nietzsche, all in the service of building his argument that postmodern thinking offers an indispensable tool for rethinking Christian faith. A must read for every student and professor of continental philosophy and the philosophy of religion, Overcoming Onto-theology is an invaluable collection that brings together in one place fourteen provocative and lucid essays by one of the most important thinkers working in American philosophy today.

Delimiting the Law

Postmodernism and the Politics of Law
Author: Margaret Davies
Publisher: Pluto Press
ISBN: 9780745311005
Category: Philosophy
Page: 160
View: 3198
DOWNLOAD NOW »
No

Law and the Postmodern Mind

Essays on Psychoanalysis and Jurisprudence
Author: Peter Goodrich,David Gray Carlson
Publisher: University of Michigan Press
ISBN: 9780472108411
Category: Law
Page: 316
View: 4244
DOWNLOAD NOW »
Explores the connections between psychoanalysis and law

Law and Truth


Author: Dennis Patterson
Publisher: Oxford University Press on Demand
ISBN: 9780195132472
Category: Law
Page: 189
View: 5268
DOWNLOAD NOW »
Taking up a single question - 'What does it mean to say that a proposition of law is true?' - this book advances a major new account of truth in law. Drawing upon the later philosophy of Wittgenstein, as well as more recent postmodern theory of the relationship between language, meaning, and the world, Patterson examines leading contemporary jurisprudential approaches to this question and finds them flawed in similar and previously unnoticed ways. Despite surface differences, the most widely discussed accounts of legal meaning - from moral realism to interpretivism - each commit themselves, Patterson argues, to a defective notion of reference in accounting for the truth of legal propositions. Tracing this common truth-conditional perspective - wherein propositions of law are true in virtue of some condition, be it a moral essence, a social fact, or communal agreement - to its source in modernism, Patterson develops an alternative (postmodern) account of legal justification, one in which linguistic practice - the use of forms of legal argument - holds the key to legal meaning.

Challenging Postmodernism

Philosophy and the Politics of Truth
Author: David Detmer
Publisher: Prometheus Books
ISBN: N.A
Category: Philosophy
Page: 355
View: 2187
DOWNLOAD NOW »
According to proponents of postmodernism, one of the principal achievements of recent Continental philosophy is the rejection of the idea of "objective truth" in favor of the notion that truth is a social construct, which varies from one culture to another. This claim has given rise to heated reactions among philosophers of the Anglo-American analytic school. Their criticisms usually take the form of wholesale dismissals, which do not address the texts and arguments of postmodernists, and they almost always stem from a politically conservative vantage point, which is hostile to the generally leftist orientation of postmodernists. As a result, philosophical differences are frequently obscured by the conflict arising from differing political agendas. In this accessible, nontechnical discussion of the controversies surrounding the ideas of truth, philosopher David Detmer faults both the critics of postmodernism for entangling the philosophical discussion of truth with their disapproval of postmodernist political views, and the postmodernist critics of objective truth for the defective logic and incoherence of their critique. Unlike most analytic philosophers, Detmer engages extensively and directly with the texts of postmodernists. He provides substantial discussions of Husserl, Sartre, Rorty, and Chomsky, and also addresses the topics of journalistic objectivity, scientific truth, political correctness, and other timely issues. While sympathetic to Continental philosophy, Detmer nonetheless defends the idea of objective truth and attempts to show that doing so is a matter of considerable political importance. Detmer's thorough and lucid discussion will appeal to anyone who finds the postmodern rejection of objectivity and truth dubious and who is yet uncomfortable with the highly conservative political rhetoric of the loudest voices in the anti-postmodernist crowd.

Understanding E-Government in Europe

Issues and Challenges
Author: Paul G. Nixon,Vassiliki N. Koutrakou,Rajash Rawal
Publisher: Routledge
ISBN: 1135245711
Category: Political Science
Page: 352
View: 5091
DOWNLOAD NOW »
This volume critically explores the contentions in the emerging debate surrounding new media technologies and the extent to which they are challenging traditional political and government models. Examining a range of citizen/government interactions which together form e-government in different contexts, this book assesses the potential of new media technologies to facilitate new institutional patterns for governance and participation, as experienced primarily, but not only, across Europe. Analysing a range of challenges spanning from those of a technological and conceptual nature to those of a more political and legal nature, the authors scrutinise the central policies at governmental and organisational levels and consider the following questions: Is society driving or responding to e-government and is it ready to cope with it? What implications does e-government have for the power/democracy relationship? Is the technology right for e-government? What is needed to ensure government services are delivered optimally? How is e-government perceived and is it trusted? How are the sensitive issues of identity, privacy and social inclusion dealt with? How are management and safety dealt with when one considers issues such as activism, cyberterrorism, biometrics, and new implications for international relations? This comprehensive text will be of interest to students and scholars of public policy, politics, media and communication studies, sociology, law and European studies. It will also offer insights of relevance to practitioners and policy-makers in regional, national, and transnational governance, reform and innovation.

The Philosophy of Michael Mann


Author: Steven Sanders,Aeon J. Skoble,R. Barton Palmer
Publisher: University Press of Kentucky
ISBN: 0813144736
Category: Biography & Autobiography
Page: 284
View: 4644
DOWNLOAD NOW »
"I read Hawks on Hawks with passion. I am very happy that this book exists." -- François Truffaut Howard Hawks (1896--1977) is often credited as being the most versatile of all of the great American directors, having worked with equal ease in screwball comedies, westerns, gangster movies, musicals, and adventure films. He directed an impressive number of Hollywood's greatest stars -- including Humphrey Bogart, Cary Grant, John Wayne, Lauren Bacall, Rosalind Russell, and Marilyn Monroe -- and some of his most celebrated films include Scarface (1932), Bringing Up Baby (1938), The Big Sleep (1946), Red River (1948), Gentlemen Prefer Blondes (1953), and Rio Bravo (1959). Hawks on Hawks draws on interviews that author Joseph McBride conducted with the director over the course of seven years, giving rare insight into Hawks's artistic philosophy, his relationships with the stars, and his position in an industry that was rapidly changing. In its new edition, this classic book is both an account of the film legend's life and work and a guidebook on how to make movies.

Islamic Law, Epistemology and Modernity

Legal Philosophy in Contemporary Iran
Author: Ashk Dahlen
Publisher: Routledge
ISBN: 1135943540
Category: Social Science
Page: 424
View: 1849
DOWNLOAD NOW »
This study analyses the major intellectual positions in the philosophical debate on Islamic law that is occurring in contemporary Iran. As the characteristic features of traditional epistemic considerations have a direct bearing on the modern development of Islamic legal thought, the contemporary positions are initially set against the established normative repertory of Islamic tradition. It is within this broad examination of a living legacy of interpretation that the context for the concretizations of traditional as well as modern Islamic learning, are enclosed.