Postmodern Philosophy and Law

Author: Douglas E. Litowitz
Publisher: N.A
Category: Law
Page: 230
View: 1453
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.

Postmodern Philosophy and the Scientific Turn

Author: Dorothea Olkowski
Publisher: Indiana University Press
ISBN: 0253001129
Category: Philosophy
Page: 216
View: 3375
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 the historic link between science and philosophy, mathematics itself, plays a fundamental role in the development of the worldviews that drive both fields. Focusing on language, its expression of worldview and usage, 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.

Talking feminist politics

conversations on law, science, and the postmodern
Author: Eloise A. Buker
Publisher: Rowman & Littlefield Pub Inc
Category: Political Science
Page: 230
View: 6560
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.

The Problematics of Moral and Legal Theory

Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674042230
Category: Law
Page: 336
View: 749
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.

Kantianism, Postmodernism and Critical Legal Thought

Author: I. Ward
Publisher: Springer Science & Business Media
ISBN: 9401588309
Category: Law
Page: 172
View: 4197
Kantianism, Postmodernism and Critical Legal Thought presents a challenging alternative theory of legal philosophy. The central thesis of the book suggests an accommodation between three of the most influential contemporary theories of law, Kantianism, postmodernism and critical legal thought. In doing so, it further suggests that the often perceived distance between these theories of law disguises a common intellectual foundation. This foundation lies in the work of Immanuel Kant. Kantianism, Postmodernism and Critical Legal Thought presents an intellectual history of critical legal thinking, beginning with Kant, and then proceeding through philosphers and legal theorists as diverse as Heidegger and Arendt, Foucault and Derrida, Rorty and Rawls, and Unger and Dworkin. Ultimately, it will be suggested that each of these philosophers is writing within a common intellectual tradition, and that by concentrating on the commonality of this tradition, contemporary legal theory can better appreciate the reconstructive potential of the critical legal project.

Law and Truth

Author: Dennis Patterson
Publisher: Oxford University Press on Demand
ISBN: 9780195132472
Category: Law
Page: 189
View: 3295
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.

Postmoderne Ethik

Author: Zygmunt Bauman
Publisher: N.A
ISBN: 9783868542066
Category: Postmoderne - Ethik
Page: 380
View: 6445

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: 6025
Explores the connections between psychoanalysis and law

Moderne/ Postmoderne

Author: Peter V. Zima
Publisher: UTB
ISBN: 3825246906
Category: Language Arts & Disciplines
Page: 444
View: 8913
Umfassende Darstellung des Verhältnisses von Moderne, Modernismus und Postmoderne auf verschiedenen Ebenen. Der Band bietet Erläuterung und klare Abgrenzung der Begriffe Neuzeit, Moderne, Modernismus, Postmoderne, Posthistorie und nachindustrielle Gesellschaft. Moderne, Modernismus und Postmoderne werden aus soziologischer, philosophischer und literarischer Ebene beleuchtet. Ein Buch, das durch seinen umfassenden Ansatz überzeugt.

Methods of Legal Reasoning

Author: Jerzy Stelmach,Bartosz Brozek
Publisher: Springer Science & Business Media
ISBN: 1402049390
Category: Law
Page: 233
View: 3442
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.

Challenging Postmodernism

Philosophy and the Politics of Truth
Author: David Detmer
Publisher: Prometheus Books
Category: Philosophy
Page: 355
View: 8578
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.

Das postmoderne Wissen

Ein Bericht
Author: Jean-François Lyotard
Publisher: N.A
ISBN: 9783709201695
Page: 192
View: 515

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: 5913
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.

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: 6589
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.

Introduction to Critical Legal Theory

Author: Ian Ward
Publisher: Routledge
ISBN: 1136997814
Category: Law
Page: 224
View: 1284
Introduction to Critical Legal Theory provides an accessible introduction to the study of law and legal theory. It covers all the seminal movements in classical, modern and postmodern legal thought, engaging the reader with the ideas of jurists as diverse as Aristotle, Hobbes and Kant, Marx, Foucault and Dworkin. At the same time, it impresses the interdisciplinary nature of critical legal thought, introducing the reader to the philosophy, the economics and the politics of law. This new edition focuses even more intently upon the narrative aspect of critical legal thinking and the re-emergence of a distinctive legal humanism, as well as the various related challenges posed by our 'new' world order. Introduction to Critical Theory is a comprehensive text for both students and teachers of legal theory, jurisprudence and related subjects.

Delimiting the Law

Postmodernism and the Politics of Law
Author: Margaret Davies
Publisher: Pluto Press
ISBN: 9780745311005
Category: Philosophy
Page: 160
View: 8607

Modernity, a World of Confusion:Causes

Author: Jack Stanfield
Publisher: Xlibris Corporation
ISBN: 1465321837
Category: Philosophy
Page: 205
View: 3450
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.

The Ethics of Postmodernity

Current Trends in Continental Thought
Author: Gary B. Madison,Marty Fairbarn
Publisher: Northwestern University Press
ISBN: 0810113767
Category: Philosophy
Page: 266
View: 501
Recently the question of ethics has become a dominant issue for philosophical reflection. In THE ETHICS OF POSTMODERNITY, Gary Madison and Marty Fairbarn have collected instructive and illuminating essays that address the dilemmas left in the wake of the postmodern attack on foundationalism. This collection is a powerful statement about the many directions a post-metaphysical ethics might take.

Gender in Philosophy and Law

Author: Laura Palazzani
Publisher: Springer Science & Business Media
ISBN: 9400749910
Category: Law
Page: 116
View: 7786
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. ​

Language Beyond Postmodernism

Saying and Thinking in Gendlin's Philosophy
Author: Eugene T. Gendlin
Publisher: Northwestern University Press
ISBN: 9780810113596
Category: Philosophy
Page: 378
View: 2299
Eugene Gendlin's contribution to the theory of language is the focus of this collection of essays edited by David Michael Levin. This compilation of critical studies--each followed by a comment from Gendlin himself--investigates how concepts grow out of experience, and explores relations between Gendlin's philosophy of language and experience and the philosophies of Wittgenstein, Dilthey, and Heidegger.