American legal thought from premodernism to postmodernism : by Stephen M. Feldman PDF

By Stephen M. Feldman

ISBN-10: 019510966X

ISBN-13: 9780195109665

ISBN-10: 0195109678

ISBN-13: 9780195109672

ISBN-10: 1280453176

ISBN-13: 9781280453175

ISBN-10: 1423759419

ISBN-13: 9781423759416

ISBN-10: 1602566429

ISBN-13: 9781602566422

American criminal proposal has stepped forward remarkably speedy 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 improvement of felony suggestion via those 3 highbrow periods.

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The modernist crisis thus threatened to become modernist despair: modernists continued unceasingly to demand foundational knowledge, even as they revealed that the tools or techniques of modernism (as well as those of premodernism) were inadequate for the task. In a sense, the third stage of modernism—which I call transcendentalism—tried to pull the rabbit out of the hat: “Nothing up this sleeve (rationalism). Nothing up this sleeve (empiricism). ” Just when modernism seemed to have exhausted its possible routes to knowledge, third-stage modernists desperately yet ingeniously attempted to turn back to the thinking subject and reason in order to resurrect the possibility of foundational knowledge.

Traditional beliefs had to be doubted and challenged—denigrated as mere prejudices—and often had to be discarded before truth could shine. But no sooner would one modernist philosopher sincerely invoke some epistemological foundation, such as abstract reason, than another philosopher would skeptically doubt its adequacy for firmly grounding knowledge. Modernists persistently sought foundations, but they simultaneously remained tenaciously suspicious of all such proposed foundations. Consequently, the typical modernist attitude was (and is) anxiety.

23 In the first half of Leviathan, Hobbes attempted to present political theory as a science, much as Euclid had presented geometry, as a matter of axiomatic principles and demonstrable reasoning. Hobbes posited humans in a state of nature where all are roughly equal physically and mentally. In this state of nature, a “perpetuall and restlesse desire of Power after power, that ceaseth onely in Death,” places each person in constant competition with and fear of all others. Hobbes, similar to the Protestant reformers, conceived of individuals as base and greedy creatures.

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American legal thought from premodernism to postmodernism : an intellectual voyage by Stephen M. Feldman


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