By Stephen M. Feldman
American criminal concept has improved remarkably quick from premodernism to modernism and into postmodernism in little over 2 hundred years. this article tells the tale of this mercurial trip of jurisprudence through displaying the advance of criminal proposal via those 3 highbrow periods.
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Extra info for American legal thought from premodernism to postmodernism : an intellectual voyage
These postmodernists refused to continue the central modernist quest for epistemological foundations and instead began investigating our lives at the surface, so to speak. That is, if we live by skimming along at American Legal Thought from Premodernism to Postmodernism the surface, without deep foundational roots, then perhaps we ought to investigate how forces operate on that surface. It is worth noting that many of these philosophers at first neither deemed themselves to be nor were designated by others as postmodern.
45 Significantly, though, most of the critics of the transcendental solution remained modernists. They could not envision any alternatives to modernism, and indeed, could not escape the modernist desire for foundational knowledge or the celebration of the individual self. For lack of options, then, critics often continued to use the now-conventional tools of modernism: rationalism, empiricism, and transcendentalism. The critics even used these modernist tools to demonstrate the inherent limits of modernism, to show the utter impossibility of achieving modernist goals.
Indeed, unlike Machiavelli, Hobbes argued that a community of individuals not only could establish but also could sustain civil order. Yet, Hobbes did not conclude his book on this seemingly propitious point because, from his perspective, the argument was incomplete. While Hobbes had demonstrated in the first half of Leviathan that reason and power could establish the commonwealth, he acknowledged in the second half that fear of any secular power pales in comparison to fear of eternal damnation.
American legal thought from premodernism to postmodernism : an intellectual voyage by Stephen M. Feldman