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  1. Home
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  3. Modernism and the Grounds of Law
  • Cited by 199
Publisher:
Cambridge University Press
Online publication date:
July 2014
Print publication year:
2001
Online ISBN:
9780511549601
DOI:
https://doi.org/10.1017/CBO9780511549601
Subjects:
Socio-Legal Studies, Law, Legal Philosophy, Philosophy, Jurisprudence
Series:
Cambridge Studies in Law and Society
Information

Book description

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 untapped resources in social theory, Fitzpatrick finds law pivotally placed in and beyond modernity. Being itself of the modern, law takes impetus and identity from modern society and, through incorporating 'pre-modern' elements of savagery and the sacred, it comes to constitute that very society. When placing law in such a crucial position for modernity, Fitzpatrick ranges widely from the colonizations of the Americas, through the thought of the European Enlightenment, and engages finally with contemporary arrogations of the 'global'. By extending his previous work on the origins of modernity, this book makes a significant contribution to continuing developments in law and society, legal philosophy, and jurisprudence.

Reviews

'Someone has been thinking very hard lately. Read all about it in Modernism and the Grounds of Law.'

Ronnie Lippens Source: Leiden Journal of International Law

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