Modernism and the Grounds of Law
Cambridge University Press (2001)
| Abstract | Modern society takes on a civilized, secular solidity in its rejection of worlds contrary to it, worlds of the savage and the sacred. Yet, as Fitzpatrick shows, these are also worlds intrinsic to modernity itself. It is with the resulting fracture in modernity's self-creation that law now finds its grounds - grounds that match the varieties of modern nation, whether this be the territorially bounded nation or nation as universally oriented in such modes as imperialism, globalism and human rights. Drawing on untapped resources in social theory, Fitzpatrick finds law pivotally placed in and beyond modernity. Being itself of the modern, law takes impetus and identity from modern society. Yet law also extends beyond the modern and, through incorporating elements of savagery and the sacred, it comes to constitute that very society. When placing law in such a crucial position for modernity, Fitzpatrick ranges widely but pointedly from the colonizations of the Americas, through the thought of the European Enlightenment, and engages finally with contemporary arrogations of the 'global'. By extending his work on the origins of modernity, Modernism and the Grounds of Law makes a significant contribution to continuing developments in law and society, legal philosophy, and jurisprudence. | |||||||||
| Keywords | Law Philosophy Modernism (Christian theology | |||||||||
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| Buy the book | $31.50 new (27% off) $40.44 direct from Amazon (6% off) Amazon page | |||||||||
| Call number | K355.F58 2001 | |||||||||
| ISBN(s) | 0521002532 0521802229 9780521002530 | |||||||||
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Kevin Crotty (2001). Law's Interior: Legal and Literary Constructions of the Self. Cornell University Press.
Gillian Rose (1996). Mourning Becomes the Law: Philosophy and Representation. Cambridge University Press.
K. B. Agrawal (ed.) (1977). Some Thoughts on Modern Jurisprudence. Indian Institute of Comparative Law.
Garrett Barden (2010). Law and Justice in Community. Oxford University Press.
Neil MacCormick (2007). Institutions of Law: An Essay in Legal Theory. Oxford University Press.
Elliot N. Dorff (2007). For the Love of God and People: A Philosophy of Jewish Law. The Jewish Publication Society.
Russell Hardin (1992). The Morality of Law and Economics. Law and Philosophy 11 (4):331 - 384.
Mathieu Deflem (ed.) (1996). Habermas, Modernity, and Law. Sage Publications.
Owen J. Anderson (2012). The Natural Moral Law: The Good After Modernity. Cambridge University Press.
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