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Postmodern Philosophy And Law
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Book Synopsis Postmodern Philosophy and Law by : Douglas E. Litowitz
Download or read book Postmodern Philosophy and Law written by Douglas E. Litowitz and published by . This book was released on 1997 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Postmodern Legal Movements by : Gary Minda
Download or read book Postmodern Legal Movements written by Gary Minda and published by NYU Press. This book was released on 1996-05-01 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Postmodernism and Law by : Helen Stacy
Download or read book Postmodernism and Law written by Helen Stacy and published by Ashgate Publishing. This book was released on 2001 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Law and the Postmodern Mind by : Peter Goodrich
Download or read book Law and the Postmodern Mind written by Peter Goodrich and published by University of Michigan Press. This book was released on 2009-12-22 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: David Gray Carlson and Peter Goodrich argue that the postmodern legal mind can be characterized as having shifted the focus of legal analysis away from the modernist understanding of law as a system that is unitary and separate from other aspects of culture and society. In exploring the various "other dimensions" of law, scholars have developed alternative species of legal analysis and recognized the existence of different forms of law. Carlson and Goodrich assert that the postmodern legal mind introduced a series of "minor jurisprudences" or partial forms of legal knowledge, which both compete with and subvert the modernist conception of a unitary system of law. In doing so scholars from a variety of disciplines pursue the implications of applying the insights of their disciplines to law. Carlson and Goodrich have assembled in this volume essays from some of our leading thinkers that address what is arguably one of the most fundamental of interdisciplinary encounters, that of psychoanalysis and law. While psychoanalytic interpretations of law are by no means a novelty within common law jurisprudence, the extent and possibilities of the terrain opened up by psychoanalysis have yet to be extensively addressed. The intentional subject and "reasonable man" of law are disassembled in psychoanalysis to reveal a chaotic and irrational libidinal subject, a sexual being, a body and its drives. The focus of the present collection of essays is upon desire as an inner law, upon love as an interior idiom of legality, and represents a signficant and at times surprising development of the psychoanalytic analysis of legality. These essays should appeal to scholars in law and in psychology. The contributors are Drucilla Cornell, Jacques Derrida, Peter Goodrich, Pierre Legendre, Alain Pottage, Michel Rosenfeld, Renata Salecl, Jeanne L. Schroeder, Anton Schutz, Henry Staten, and Slavoj Zizek. David Gray Carlson is Professor of Law, Benjamin Cardozo School of Law, Yeshiva University. Peter Goodrich is Professor of Law, University of London and University of California, Los Angeles.
Book Synopsis American Legal Thought from Premodernism to Postmodernism by : Stephen M. Feldman
Download or read book American Legal Thought from Premodernism to Postmodernism written by Stephen M. Feldman and published by Oxford University Press. This book was released on 2000-01-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Explaining Postmodernism by : Stephen R. C. Hicks
Download or read book Explaining Postmodernism written by Stephen R. C. Hicks and published by Scholargy Publishing, Inc.. This book was released on 2004 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Erich Przywara and Postmodern Natural Law by : Graham James McAleer
Download or read book Erich Przywara and Postmodern Natural Law written by Graham James McAleer and published by . This book was released on 2019-10-31 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Politics, Postmodernity and Critical Legal Studies by : Costas Douzinas
Download or read book Politics, Postmodernity and Critical Legal Studies written by Costas Douzinas and published by Routledge. This book was released on 2005-08-02 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Postmodern Philosophy and the Scientific Turn by : Dorothea Olkowski
Download or read book Postmodern Philosophy and the Scientific Turn written by Dorothea Olkowski and published by Indiana University Press. This book was released on 2012-04-23 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Animals and the Limits of Postmodernism by : Gary Steiner
Download or read book Animals and the Limits of Postmodernism written by Gary Steiner and published by Columbia University Press. This book was released on 2013-04-16 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Animals and the Limits of Postmodernism, Gary Steiner illuminates postmodernism's inability to produce viable ethical and political principles. Ethics requires notions of self, agency, and value that are not available to postmodernists. Thus, much of what is published under the rubric of postmodernist theory lacks a proper basis for a systematic engagement with ethics. Steiner demonstrates this through a provocative critique of postmodernist approaches to the moral status of animals, set against the background of a broader indictment of postmodernism's failure to establish clear principles for action. He revisits the ideas of Derrida, Foucault, Nietzsche, and Heidegger, together with recent work by their American interpreters, and shows that the basic terms of postmodern thought are incompatible with definitive claims about the moral status of animals—as well as humans. Steiner also identifies the failures of liberal humanist thought in regards to this same moral dilemma, and he encourages a rethinking of humanist ideas in a way that avoids the anthropocentric limitations of traditional humanist thought. Drawing on the achievements of the Stoics and Kant, he builds on his earlier ideas of cosmic holism and non-anthropocentric cosmopolitanism to arrive at a more concrete foundation for animal rights.
Book Synopsis Law, Modernity, Postmodernity by : Brendan Edgeworth
Download or read book Law, Modernity, Postmodernity written by Brendan Edgeworth and published by Routledge. This book was released on 2019-07-30 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Jurisprudence written by Wayne Morrison and published by Routledge. This book was released on 2016-04-08 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Legal Positivism in a Post-Modern World by : Jörg Kammerhofer
Download or read book International Legal Positivism in a Post-Modern World written by Jörg Kammerhofer and published by Cambridge University Press. This book was released on 2014-10-06 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis McCoubrey & White's Textbook on Jurisprudence by : James Penner
Download or read book McCoubrey & White's Textbook on Jurisprudence written by James Penner and published by Oxford University Press. This book was released on 2012-08-30 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook provides an introduction to and analysis of the major theories and controversies of jurisprudence. Starting with an overview of the nature of jurisprudence, then moving on to examine the theories and main protagonists in more detail, it is an ideal text for undergraduate students studying the subject for the first time.
Book Synopsis Kantianism, Postmodernism and Critical Legal Thought by : I. Ward
Download or read book Kantianism, Postmodernism and Critical Legal Thought written by I. Ward and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Analogia Entis: Metaphysics by : Erich Pryzwara
Download or read book Analogia Entis: Metaphysics written by Erich Pryzwara and published by Wm. B. Eerdmans Publishing. This book was released on 2014-02-08 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although Erich Przywara (1889 1972) was one of the preeminent Catholic theologians of his time and a profound influence on such people as Hans Urs von Balthasar and Joseph Ratzinger, he has remained virtually unknown in North America. This volume includes Przywara s groundbreaking Analogia Entis, originally published in 1932, and his subsequent essays on the concept analogia entis -- the analogy between God and creation -- which has currency in philosophical and theological circles today.
Book Synopsis Nietzsche, Heidegger, and the Transition to Postmodernity by : Gregory B. Smith
Download or read book Nietzsche, Heidegger, and the Transition to Postmodernity written by Gregory B. Smith and published by University of Chicago Press. This book was released on 1996-02-15 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nietzsche and Heidegger, Smith argues, have made possible a far more revolutionary critique of modernity than even their most ardent postmodern admirers have realized.
