Теоретическая и прикладная юриспруденция (Oct 2024)
Pierre Shlag. The Science of Law and Postmodernism: Introduction to Discourse
Abstract
In this paper, the authors attempt to examine the impact postmodernism has had on the theory of law. Since the implementation of postmodern methodology in legal science in its most serious form occurred in the United States, the authors place the main emphasis in their analysis on American legal thought. The authors consider how the main provisions of postmodernism are reflected in legal theory: the textuality of the world; freedom from grand narratives; death of the subject, etc. The authors emphasize that if from the point of view of ontology, postmodernism was not able to give law some new theory that explains its essence; in terms of axiology and epistemology, it nevertheless enriched jurisprudence. It seems that postmodernism received its most striking development within the framework of the school of critical legal studies and was reflected in the works of D. Kennedy and P. Schlag.
Keywords