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Vol 23 No 5 May/June 2018

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Law, Modernity, Postmodernity: Legal Change in the Contracting State

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Brendan EdgeworthUniversity of New South Wales, Australia

ISBN13: 9781840140095
ISBN: 1840140097
Published: September 2003
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: Out of print

Postmodernism has gone from being primarily a hermeneutic and methodological category to a historical and sociological one. Most typically, in the analyses of theorists such as Bauman, Lyotard and Harvard, the advent of postmodernity is identified in the twilight of the welfare state and its typical institutions. The argument of this book is that contemporary law - defined in its broadest sense to include the legal system, legal doctrine, legal method and legal ideology - can be understood as having undergone parallel changes.;This suggests a reconsideration of some influential neo-evolutionist analyses of thenature of law inthe welfare state, those such as Unger, Teubner, Hayek, Nonet, Selznick and Habermas. These include: the unravelling of the welfare state and neo-corporatist regulation, the privatization of justice, legal polycentricity, the de-differentiation of law, the transformation of legal temporality and the transnationalism of law.

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Law and postmodern society? - a case of relevance; a history of postmodernism to postmodernity; law and premodern societies - from tribal to late feudal; legal modernization - the rise of the nation state, social differentiation, commodification and rationalization; legal modernity - the philosophical underpinnings from Hobbes to Kelsen; an aberrant or typical legal modernism? - the case of Marxism and law - Marx, Pahsukanis, Gramsci and the rule of law; late legal modernity - law in the welfare state, structural change and its theorists, sociological (Unger, Hayek, Teubner, Habermas) and philosophical (Hart, Dworkin); legal postmodernization - dismatling the legal structure of the welfare state; legal postmodernisms - including nihilism, feminism, deconstruction.