Postmodern jurisprudence : the law of text in the texts of law
著者
書誌事項
Postmodern jurisprudence : the law of text in the texts of law
Routledge, 1993
- pbk
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注記
"1st published in paperback 1993"--T.p. verso
Includes bibliographical references and indexes
内容説明・目次
内容説明
"Postmodern Jurisprudence" brings together poststructuralism and legal theory. Contemporary legal theory is committed both to the major truth telling Enlightenment claims of clarity, logic, impartiality and analytical rigour, and to the normative demands of liberal equality, fairness and justice. But through a close reading of the leading texts of contemporary legal philosophy (Dworkin, Finnis, Fish, Norris, Goodrich, Jackson and recent Marxist theories of law), "Postmodern Jurisprudence" demonstrates that modernist discourses of law contain the unsettling thematics of postmodernity which these texts attempt to deny. Furthermore, by using an array of textual and contextual techniques in the reading of conventional legal works, such as law reports, "Postmodern Jurisprudence" points towards overcoming the impasse in the interpretation debate. The book concludes with an analysis around a piece of 19th-century literature which is approached via the dynamics of postmodern copyright law.
目次
Part 1: Modern and postmodern interpretations 1. From classical polis to postmodern megapolis: Jurisprudence as Grand Narrative 2. From the book to the text, Hermaneutics, Critique, Deconstruction. Part 2: Deconstructng the Jurisprudence of Modernity 3. Hemes v. Hercules: Hermaneutics and aesthetics as legal imperialism 4. Fin(n)is philosophiae: the rhetoric of natural law 5. Law's Tales: Semiotics and Narratology as Storytelling 6. Theory and the "real": Marxist stories of law 7. Law's Petrae (stones or tablets): Postmodernity and the grammatology of the postal rule 8. Law (un)like Literature: Who is afraid of pragmatism 9. Interlude and supplement: A written lecture on writing in trials. Part 3 Postmodern readings of law 10. Signifying Alta(e)rs: The aesthetics of legal judgement 11. The books of judges: the shibboleths of justice. Part 4 The Law of text 12. Suspended sentences: A novel approach to certain original problems of copyright law.
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