Modernism and the Grounds of Law [Paperback]

This book argues that law is both derived from and constitutive of surrounding cultural contexts.Existing approaches to the relation of law and society have for a long time seen law as either autonomous or grounded in society. Drawing on major theorists, this book is a radically new approach that sees law as both derived from and constitutive of its surrounding social and cultural context.Existing approaches to the relation of law and society have for a long time seen law as either autonomous or grounded in society. Drawing on major theorists, this book is a radically new approach that sees law as both derived from and constitutive of its surrounding social and cultural context.Approaches to the relation of law and society have for a long time seen law as either autonomous or self-grounded in society. This book is a radically new approach that sees law as both derived from and constitutive of its surrounding social and cultural context. Drawing on the work of major theorists, this book examines the nature of law as it has descended from the Enlightenment, through to colonialism and now globalization. It is a significant contribution to legal philosophy, jurisprudence and socio-legal studies.Introduction; Part I. Origins: 1. Origin; 2. Position; 3. Law; Part II. Instantiation: 4. Nationalism; 5. Imperialism; 6. Globalism; Notes; Bibliography; Index. ...the book would be of considerable interest and value for people who wish to focus on a particular subject, such as nationalism or globalism. At the same time, what is perhaps most interesting is Fitzpatrick's attempts to link all these subjects together as an elaboration of the basic problems inherent in modern law. It is perhaps this overall argument and the virtuosity with which Fitzpatrick conducts it, orchestrating together into a dissonance a number of varying and important themes that sound familiar but which are nevertheless strangely different, that makes this book so suggestive and stimulating. - PoLAR, Antonl“5