Legal Modernism

Nonfiction, Reference & Language, Law
Cover of the book Legal Modernism by David Luban, University of Michigan Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: David Luban ISBN: 9780472024117
Publisher: University of Michigan Press Publication: May 6, 2010
Imprint: University of Michigan Press Language: English
Author: David Luban
ISBN: 9780472024117
Publisher: University of Michigan Press
Publication: May 6, 2010
Imprint: University of Michigan Press
Language: English

Modernism in legal theory is no different from modernism in the arts: both respond to a cultural crisis, a sense that institutions and traditions have lost their validity. Some doubt the importance of the rule of law, others question the objectivity of legal reasoning. We have lost confidence in the justice of our legal institutions, and even in our very capacity to identify justice.

Legal philosopher David Luban argues that we cannot escape the modernist predicament. Accusing contemporary legal theorists of evading rather than confronting the challenge of modernity, he offers important and original objections to pragmatism, traditionalism, and nihilism. He argues that only by weaving together the broken narrative and forgotten voices of history's victims can we come to appreciate the nature of justice in modern society. Calling a trial the embodiment of the law's self-criticism, Luban demonstrates the centrality of narrative by analyzing the trial of Martin Luther King, the Nuremberg trials, and trial scenes in Homer, Hesiod, and Aeschylus. With these examples, Luban explores several of the tensions that motivate much more contemporary legal theory: order versus justice, obedience versus resistance, statism versus communitarianism.

". . . an illuminating account of how contemporary legal theory can be understood as an expression of 'the modernist predicament' by exploring the analogy between modernism in the arts and modernism in law, politics, and philosophy. . . . a valuable critical discussion of modern legal theory." --Choice

David Luban is Morton and Sophia Macht Professor of Law at the University of Maryland and Research Scholar at the Institute for Philosophy and Public Policy. His other books include Lawyers and Justice: An Ethical Study.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Modernism in legal theory is no different from modernism in the arts: both respond to a cultural crisis, a sense that institutions and traditions have lost their validity. Some doubt the importance of the rule of law, others question the objectivity of legal reasoning. We have lost confidence in the justice of our legal institutions, and even in our very capacity to identify justice.

Legal philosopher David Luban argues that we cannot escape the modernist predicament. Accusing contemporary legal theorists of evading rather than confronting the challenge of modernity, he offers important and original objections to pragmatism, traditionalism, and nihilism. He argues that only by weaving together the broken narrative and forgotten voices of history's victims can we come to appreciate the nature of justice in modern society. Calling a trial the embodiment of the law's self-criticism, Luban demonstrates the centrality of narrative by analyzing the trial of Martin Luther King, the Nuremberg trials, and trial scenes in Homer, Hesiod, and Aeschylus. With these examples, Luban explores several of the tensions that motivate much more contemporary legal theory: order versus justice, obedience versus resistance, statism versus communitarianism.

". . . an illuminating account of how contemporary legal theory can be understood as an expression of 'the modernist predicament' by exploring the analogy between modernism in the arts and modernism in law, politics, and philosophy. . . . a valuable critical discussion of modern legal theory." --Choice

David Luban is Morton and Sophia Macht Professor of Law at the University of Maryland and Research Scholar at the Institute for Philosophy and Public Policy. His other books include Lawyers and Justice: An Ethical Study.

More books from University of Michigan Press

Cover of the book The Law of Ancient Athens by David Luban
Cover of the book The Jews of Georgian England, 1714-1830 by David Luban
Cover of the book Capital, the State, and War by David Luban
Cover of the book The "Vanity of the Philosopher" by David Luban
Cover of the book Greetings from Cutler County by David Luban
Cover of the book Performing Unification by David Luban
Cover of the book Is Social Security Broke? by David Luban
Cover of the book How Myths about Language Affect Education by David Luban
Cover of the book Blues, How Do You Do? by David Luban
Cover of the book Smartland Korea by David Luban
Cover of the book Nimrod by David Luban
Cover of the book The Urban Voter by David Luban
Cover of the book The Phantom Respondents by David Luban
Cover of the book Reading for the Planet by David Luban
Cover of the book Much Ado about Culture by David Luban
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy