Lawyers & the Legal Profession, Major Branches of Philosophical Study, Legal Theory & Philosophy

Legal Modernism

Name: Legal Modernism
Author: David Luban
ISBN: 9780472084395

by David Luban

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Overview

Modernism in legal theory is no different from modernism in the arts: both respond to a cultural crisis, a sense that institutions and traditions have lost their validity. Some doubt the importance of the rule of law, others question the objectivity of legal reasoning. We have lost confidence in the justice of our legal institutions, and even in our very capacity to identify justice. Legal philosopher David Luban argues that we cannot escape the modernist predicament. Accusing contemporary legal theorists of evading rather than confronting the challenge of modernity, he offers important and original objections to pragmatism, traditionalism, and nihilism. He argues that only by weaving together the broken narrative and forgotten voices of history's victims can we come to appreciate the nature of justice in modern society. Calling a trial the embodiment of the law's self-criticism, Luban demonstrates the centrality of narrative by analyzing the trial of Martin Luther King, the Nuremberg trials, and trial scenes in Homer, Hesiod, and Aeschylus. With these examples, Luban explores several of the tensions that motivate much contemporary legal theory: order versus justice, obedience versus resistance, statism versus communitarianism. Addressed to literary and social theorists in addition to lawyers and philosophers, Legal Modernism provides important discussions of Critical Legal Studies and of theorists as diverse as Hannah Arendt, Oliver Wendell Holmes, Anthony Kronman, Richard Posner, Richard Rorty, and Roberto Unger.