Law and force: 20th century radical legal philosophy, post-modernism and the foundations of law

Res Publica 9 (1):19-37 (2003)
The foundations of law have been the object ofintense philosophical scrutiny since antiquity.Most importantly, it has been asked whetherthere are really any foundations other thansheer force to be found once more comfortingillusions are abandoned. This paperinvestigates four influential theorists ofradical legal philosophy and postmodern thought(Benjamin, Schmitt, Luhmann, Derrida) who dealwith this problem in comparable ways despitetheir different theoretical outlooks. Themerits of these theories having been assessed,mentalism in ethics and law is introduced as apossible alternative to both the widespreadfoundationalism of the past and theanti-foundationalism of the postmodern present.
Keywords Benjamin  Derrida  Luhmann  mentalism  post-modernism  scepticism  Schmitt
Categories (categorize this paper)
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
Download options
PhilPapers Archive

Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 9,360
External links
  • Through your library Configure
    References found in this work BETA

    No references found.

    Citations of this work BETA

    No citations found.

    Similar books and articles

    Monthly downloads

    Added to index


    Total downloads

    7 ( #149,772 of 1,088,831 )

    Recent downloads (6 months)

    1 ( #69,665 of 1,088,831 )

    How can I increase my downloads?

    My notes
    Sign in to use this feature

    Start a new thread
    There  are no threads in this forum
    Nothing in this forum yet.