Toward a Postmodern Theory of Law :: Philosophy Philosophical Essays

Toward a postmodernist speculation of Law*ABSTRACT Law at the end of the ordinal light speed is a practice based on sound-philosophical innovations such as the naturalistic theory of truth, neutrality, universality, and legitimacy. The matter of such concepts responds to the tradition of the western heathenish paradigm. We address the experience of fragmentation in this cultural unanimity we practice it in a globe of heterogeneousness and multiplicity that upholds the claims of different concepts of the realness and of life story shared by dwellers in microspaces. The theory of police force should be neutered to take this experience into account. We propose a change in guidance oriented toward the creation of operational court-ordered concepts creative justice, perspectivist rationality, a administrationic theory of truth and a judicial process that guarantees the multicultural experience. postmodernistity affirms the urgent need for a new form of legal reasoning. The track down of a lawyer is commonly understood to consist of searching for and localization of function in the encrypts and laws the appropriate disposition to solve a case and follow out the legal consequences anticipated by the norm to the situation in controversy.To date, the ism of law produced and taught at universities in Venezuela and the rest of the world corresponds to that conceptualization. Philosophical-juridical problems such as concept of law, norm, validity, efficacy, etc. the sources of law, the interpretation of legal texts, and many others confirm been approached from that tiro or modern perspective. This perspective conceives law as the only system of norms legitimized to ordinate human social conduct based on the legal conceptions of the world and of life reflected in confident(p) dispositions.This vision of law is a story it is extraordinarily powerful, only if a myth, nonetheless. Such an affirmation is unreal, but non beca using up law, far from being a complete and static system, is a dynamic system continually being created and modified. This condition of dynamism is already a common keister in legal theory, yet its acceptance has not resulted in a de-mythification of law. Modification and permanent self-creation of the system of norms always and of necessity takes place according to the mechanisms and criteria of legal assessment included in the code of positive law. The aforementioned vision is a myth because the concepts and ideas that we human beings use to make the world surrounding us intelligible and manageable have changed their content and lost their quality of ethical references that legitimize the law.Toward a Postmodern Theory of Law Philosophy Philosophical EssaysToward a Postmodern Theory of Law*ABSTRACT Law at the end of the twentieth century is a practice based on legal-philosophical concepts such as the representational theory of truth, neutrality, universality, and legitimacy. The content of such c oncepts responds to the tradition of the western cultural paradigm. We share the experience of fragmentation in this cultural unanimity we live in a world of heterogeneousness and multiplicity that upholds the claims of different concepts of the world and of life shared by dwellers in microspaces. The theory of law should be adapted to take this experience into account. We propose a change in direction oriented toward the creation of operational legal concepts creative justice, perspectivist rationality, a general theory of truth and a judicial process that guarantees the multicultural experience. Postmodernity affirms the urgent need for a new form of legal reasoning. The work of a lawyer is commonly understood to consist of searching for and locating in the codes and laws the appropriate disposition to solve a case and apply the legal consequences anticipated by the norm to the situation in controversy.To date, the philosophy of law produced and taught at universities in Venezuel a and the rest of the world corresponds to that conceptualization. Philosophical-juridical problems such as concept of law, norm, validity, efficacy, etc. the sources of law, the interpretation of legal texts, and many others have been approached from that enlightened or modern perspective. This perspective conceives law as the only system of norms legitimized to regulate human social conduct based on the legal conceptions of the world and of life reflected in positive dispositions.This vision of law is a myth it is extraordinarily powerful, but a myth, nonetheless. Such an affirmation is unreal, but not because law, far from being a complete and static system, is a dynamic system continually being created and modified. This condition of dynamism is already a commonplace in legal theory, yet its acceptance has not resulted in a de-mythification of law. Modification and permanent self-creation of the system of norms always and necessarily takes place according to the mechanisms and c riteria of legal assessment included in the code of positive law. The aforementioned vision is a myth because the concepts and ideas that we human beings use to make the world surrounding us intelligible and manageable have changed their content and lost their quality of ethical references that legitimize the law.