Postmodern Philosophy and Law Douglas E. Litowitz

ISBN-10: 0700609997

ISBN-13: 9780700609994

Edition: 1997 (Reprint)

Authors: Douglas E. Litowitz

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Book details

List price: $16.95
Copyright year: 1997
Publisher: University Press of Kansas
Publication date: 12/17/1997
Binding: Paperback
Pages: 240
Size: 4.75" wide x 9.25" long x 0.50" tall
Weight: 0.748

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