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Postmodern Philosophy and Law

Postmodern Philosophy and Law

by Douglas E. Litowitz

Sales Date: December 17, 1997

240 Pages, 6.13 x 9.25 in

Paperback
9780700609994
Published: December 1997

$21.99

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Hardcover
9780700608577
Published: December 1997

$24.99

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Description
Authors
Praise
Contents

Choice Outstanding Title

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.

Douglas E. Litowitz is a veteran finance lawyer and law professor whose works include Postmodern Philosophy and Law (Kansas) and The Destruction of Young Lawyers.

"Provides a skillful version of the strengths and weaknesses of the legal implications of the postmodernists under review."—Law and Politics Book Review
"This book provides an admirably clear and useful overview of the legal ideas of some challenging and important thinkers."—Ethics
"Under Litowitz’s direction, the journey into postmodern legal theory is understandable, focused, and clear. Anyone wanting an introduction to postmodernism and legal theory should begin with this well written and engaging book. Highly recommended."—Choice
"An important contribution. Litowitz offers a very readable and understandable analysis of a rather difficult group of postmodern writers and theorists. This book will be of great value to scholars as well as those who are beginning the study of legal theory and jurisprudence."—Gary Minda, author of Postmodern Legal Movements: Law and Jurisprudence at Century's End

Acknowledgments

Introduction: The Emergence of Postmodernism in Legal Studies

1. Understanding Postmodernism Generally

-Understanding Modernism and Postmodernism

-The Death of Grand Narratives (Reason, Truth, Self, God, Meaning)

-A Note on Postmodern Rhetorical Devices

2. The Orientation of Postmodern Legal Theory

-Internal and External Legal Theory

-Foundationalism and Antifoundationalism

-Positive and Negative Jurisprudence

3. Nietzche’s Theory of Law as a Critique of Natural Law Theory

-The Basics of Natural Law Theory