Law and force: 20th century radical legal philosophy, post-modernism and the foundations of law
Res Publica 9 (1) (2003)
| Abstract | 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 | No keywords specified (fix it) | |||||||||
| Categories | ||||||||||
| Options |
|
|||||||||
Download options| PhilPapers Archive |
Upload a copy of this paper Check publisher's policy on self-archival Papers currently archived: 5,631 |
| External links |
 |
| Through your library | Configure |
Similar books and articlesThom Brooks (2005). Hegel's Ambiguous Contribution to Legal Theory. Res Publica 11 (1).
Steven L. Winter (2001). A Clearing in the Forest: Law, Life, and Mind. University of Chicago Press.
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
Torben Spaak (2011). Karl Olivecrona's Legal Philosophy. A Critical Appraisal. Ratio Juris 24 (2):156-193.
Steven J. Burton (ed.) (2000). The Path of the Law and its Influence: The Legacy of Oliver Wendell Holmes, Jr. Cambridge University Press.
John Arthur & William H. Shaw (eds.) (2010). Readings in the Philosophy of Law. Pearson Prentice Hall.
Aulis Aarnio (1978). Legal Point of View: Six Essays on Legal Philosophy. Helsingin Yliopisto.
Pavlos Eleftheriadis (2008). Legal Rights. Oxford University Press.
Analytics
Monthly downloads |
Added to index2009-01-28Total downloads7 ( #133,305 of 548,973 )Recent downloads (6 months)1 ( #63,511 of 548,973 )How can I increase my downloads? |
My notes
Discussion
