Download PDF Postmodern Philosophy and Law Douglas E Litowitz 9780700609994 Books

Download As PDF : Postmodern Philosophy and Law Douglas E Litowitz 9780700609994 Books

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.

Download PDF Postmodern Philosophy and Law Douglas E Litowitz 9780700609994 Books

"This is an extremely well written work. He makes a complicated subject intelligible. To do that the author needs to know his subject well. Joseph P Garske"

Product details Paperback 240 pages Publisher University Press of Kansas (December 17, 1997) Language English ISBN-10 0700609997

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Postmodern Philosophy and Law Douglas E Litowitz 9780700609994 Books Reviews :

Postmodern Philosophy and Law Douglas E Litowitz 9780700609994 Books Reviews

• This is an extremely well written work. He makes a complicated subject intelligible. To do that the author needs to know his subject well. Joseph P Garske
• This is important social observation and commentary. Litowitz has done major research for this project, and it shows. The book is 230 pages, but only 177 of that is his discussion, the rest is in chapter notes and index, important if you're doing research for another book, as I am. Much of the change in our society over the past generation is because of the postmodern influence on the legal profession. It's the lawyers, courts, judges, and legislators who've changed the rules for everyone else. Whether it's medicine (my area), manufacturing, human relations, or small business, life is different because of Nietzsche, Marx, Lyotard, and Faucault.
  Remember the movie Butch Cassidy and the Sundance Kid? Butch (Paul Newman) and some other outlaw, who's about twice his size, are about to have a fight to the death to decide who will lead the outlaw band. Butch says, "Let's get the rules straight," the other guy says, "No rules in a knife fight!" Butch kicks him in the balls. That's the postmodern influence on the legal profession, no rules.