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Title: Finding footing in a postmodern conception of law
Authors: Druzin, BH
Keywords: Post-modernism;Critical legal studies;Moral relativism;Utilitarianism
Issue Date: 2010
Publisher: Pace University
Citation: Vera Lex, 10: 26 - 45, Apr 2010
Abstract: The following jurisprudence paper examines the implications of postmodern thought upon our conception of law. In this paper I argue that, despite the absolute, all-consuming moral relativism towards which postmodernism seems to lead in its most extreme form, its acceptance in fact in no way undermines the possibility of finding solid ground for our legal principles. This paper contends that moral objectivity can be found in the individual experience of suffering generated by these very subjective concoctions. Subjective concoctions or not, they are real in that they imbue a sense of value into conditions, and may thus serve as foundational principles for law. While our value systems are stripped of all claim to objective authority, ultimately, all postmodernism does is force us to set aside our larger concepts of “justice,” and instead root our legal conceptions at this far more fundamental level of human experience.
Description: Copyright @ 2010 Pace University
ISSN: 0893-4851
Appears in Collections:Law
Dept of Politics, History and Law Research Papers

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