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Synopsis: 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.
From the Back Cover: "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
Title: Postmodern Philosophy and Law -
Publisher: Univ Kansas Press
Book Condition: BRAND NEW
Book Description Univ Pr of Kansas, 1997. Condition: Good. Former Library book. Shows some signs of wear, and may have some markings on the inside. Seller Inventory # GRP38163793
Book Description Univ Pr of Kansas, 1997. Hardcover. Condition: Acceptable. Stain (possibly coffee) on side of book/back of dust jacket. Perfectly readable. Open Books is a nonprofit social venture that provides literacy experiences for thousands of readers each year through inspiring programs and creative capitalization of books. Seller Inventory # mon0000228148
Book Description University Press of Kansas. Hardcover. Condition: Good. Ex-Library Book - will contain Library Markings. Minimal damage to cover and binding. Pages show light use. Seller Inventory # G0700608575I3N10
Book Description University Press of Kansas, Lawrence, KS, 1997. Cloth. Condition: Near Fine. Dust Jacket Condition: Near Fine Dust Jacket. 230 pp. Tightly bound. Corners not bumped. Text is free of markings. Size: 8vo - over 7¾" - 9¾" tall. Seller Inventory # 051209
Book Description Univ Pr of Kansas, 1997. Hardcover. Condition: Used: Good. Seller Inventory # SONG0700608575
Book Description University Press of Kansas. Hardcover. Condition: Good. 0700608575 Black cloth boards with gilt lettering on spine, No dust jacket. Book is in excellent condition, text is unmarked and pages are tight. Seller Inventory # 27814
Book Description Univ Kansas Press. Condition: BRAND NEW. BRAND NEW Hardcover A Brand New Quality Book from a Full-Time Veteran Owned Bookshop in business since 1992!. Seller Inventory # 2634044
Book Description Univ Pr of Kansas, 1997. Hardcover. Condition: New. Seller Inventory # DADAX0700608575
Book Description University Press of Kansas, 1997. Condition: New. book. Seller Inventory # M0700608575
Book Description University Press of Kansas, 1997. Hardcover. Condition: Very Good. Great condition with minimal wear, aging, or shelf wear. Seller Inventory # P020700608575