Toward a Postmodern Theory of Law :: Philosophy Philosophical Essays

Toward a Postmodern Theory of jurisprudence*ABSTRACT Law at the end of the twentieth century is a practice ground on efficacious-philosophical concepts such as the representational surmise of truth, neutrality, universality, and legitimacy. The content of such concepts responds to the usance of the western ethnical paradigm. We share the experience of fragmentation in this cultural unanimity we live in a orbit of heterogeneousness and numerousness that upholds the claims of different concepts of the world and of life shared by dwellers in microspaces. The theory of righteousness should be adapted to take this experience into account. We target a change in direction oriented toward the creation of operable heavy concepts creative justice, perspectivist rationality, a frameic theory of truth and a juridic process that guarantees the multicultural experience. Postmodernity affirms the urgent need for a late pee of licit reasoning. The work of a lawyer is commonly unsou nded to be of searching for and locating in the codes and laws the appropriate disposition to turn a case and apply the legal consequences anticipated by the average to the item in controversy.To date, the philosophy of law produced and taught at universities in Venezuela and the fill-in 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 decriminalised to regulate human social parcel out establish on the legal conceptions of the world and of life reflected in arrogant dispositions.This day-dream of law is a novel it is extraordinarily powerful, but a myth, nonetheless. such(prenominal) an affirmation is unreal, but not because law, far from existence a flesh out and static system, is a dynami c system continually being created and modified. This insure of dynamism is already a commonplace in legal theory, even so its acceptance has not resulted in a de-mythification of law. Modification and long-lived self-creation of the system of norms always and necessarily takes place according to the mechanisms and criteria of legal appraisal include 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 unadorned and manageable have changed their content and lost their quality of honorable 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 concepts responds to the tradition of the western cu ltural 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 systemic 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 Venezuela and the rest of the world corresponds to that con ceptualization. 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 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.