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| Acknowledgments | |
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| Introduction: The Emergence of Postmodernism in Legal Studies | |
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| Understanding Postmodernism Generally | |
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| Understanding Modernism and Postmodernism | |
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| The Death of Grand Narratives (Reason, Truth, Self, God, Meaning) | |
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| A Note on Postmodern Rhetorical Devices | |
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| The Orientation of Postmodern Legal Theory | |
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| Internal and External Legal Theory | |
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| Foundationalism and Antifoundationalism | |
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| Positive and Negative Jurisprudence | |
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| Nietzsche's Theory of Law as a Critique of Natural Law Theory | |
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| The Basics of Natural Law Theory | |
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| First Critique: The Illusion of Natural Laws | |
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| Second Critique: Natural Law as Linguistic Error | |
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| Third Critique: The Genealogy of Law | |
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| Does Nietzsche Offer a Positive Jurisprudence? | |
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| Problems with a Nietzschean Positive Jurisprudence | |
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| Foucault on Law: Modernity as Negative Utopia | |
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| The Classical Juridical View and Nietzsche's Critique | |
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| Foucault on Law and Discipline | |
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| Does Foucault Offer a Positive Jurisprudence? | |
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| Foucault as Negative Utopian and Englightenment Critic | |
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| Derrida: Borrowing (Illicitly?) from Plato and Kant | |
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| Derrida on Law and Justice | |
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| Platonic and Kantian Influences | |
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| Problems with a Derridean Positive Jurisprudence | |
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| Toward an Assessment | |
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| Lyotard: Postmodern Gaming and a Plurality of Justices | |
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| Lyotard on Postmodern Law and Justice | |
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| Problems with Lyotard's Account of Law and Justice | |
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| The Lessons of Lyotard's Work | |
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| Rorty's Postmodern Antifoundationalism | |
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| From Postmodernism to Antifoundationalism | |
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| Rorty's Antifoundational Pragmatism (on Ethics/Politics/Law) | |
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| What Would a Rortian Jurisprudence Look Like? | |
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| What Is Objectionable About Rorty's Pragmatism? | |
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| Why Rorty Stops Short of a Positive Jurisprudence | |
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| Conclusion: The Benefits and Drawbacks of Postmodern Legal Theory | |
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| The Insights of Postmodern Legal Theory | |
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| Two Big Problems: Externality and Lingering Foundationalism | |
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| The Use of Postmodern Theory in Thinking the Other of the Law | |
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| Notes | |
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| Index | |