Toward a Postmodern Theory of Law :: Philosophy Philosophical Essays

Toward a Postmodern Theory of Law*ABSTRACT Law at the end of the twentieth ascorbic acid is a practice based on legal-philosophical concepts such as the representational theory of truth, neutrality, universality, and legitimacy. The content of such concepts responds to the tradition of the western cultural paradigm. We share the sustain 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 catch into account. We propose a change in direction oriented toward the creation of available legal concepts creative justice, perspectivist rationality, a systemic theory of truth and a judicial process that guarantees the multicultural experience. Postmodernity affirms the urgent need for a new embodiment 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 grapheme 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 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 have been approached from that enlightened or modern perspective. This perspective conceives law as the only system of norms legitimized to find out human social conduct based on the legal conceptions of the world and of life reflected in positive dispositions.This vision of law is a fable it is extraordinarily powerful, but a fiction, 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 c ondition of dynamism is already a commonplace in legal theory, yet its acceptance has not resulted in a de-mythification of law. Modification and unchangeable self-creation of the system of norms always and necessarily 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 blow is a practice based on legal-philosophical concepts such as the representational theory of truth, neutrality, universality, and legitimacy. The content of such concepts responds to the tradition of the western cultural paradigm. We share the experience of fragmentatio n 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 useable legal concepts creative justice, perspectivist rationality, a systemic theory of truth and a judicial process that guarantees the multicultural experience. Postmodernity affirms the urgent need for a new phase angle 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 brass 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 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 have been approached from that enlightened or modern perspective. This perspective conceives law as the only system of norms legitimized to ascertain 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 durable self-creation of the system of norms always and necessarily takes place according to the mechanisms and criteria of legal assessment included in the code of positive law. The aforementioned vision is a my th 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.