By Sionaidh Douglas-Scott
ISBN-10: 184113029X
ISBN-13: 9781841130293
How will we represent legislations and felony thought within the twenty first century? This ebook argues that we are living in an age 'after modernity' and that criminal conception needs to take account of this truth. The ebook assaults, as outmoded, theories of legislation which relaxation on frequent notions of law's autonomy and systematic nature and on sure notions of justice, personhood, and legitimacy, and seeks to exchange them with a dynamic new account of legislations and legislation acceptable for an period of globalization and postnational groups. notwithstanding, it additionally argues that the main urgent factor for legislation after modernity is that of justice. The method is clean, contextual, and interdisciplinary, in addition to strange for a piece of felony concept because of being illustrated all through with artworks and visible representations which serve to implement the messages of the ebook. (Series: criminal thought this day)
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Example text
Therefore, it may be difficult to ascertain how postmodern thinking can lead to a postmodern way of life, although it is likely that those urging such a lifestyle might invoke the recognition of incommensurable differences, inclusion of the 65 Examples of such thought might be found in Kant’s Idea of a Universal History with a Cosmopolitan Purpose, as well as in the work of the nineteenth-century English Whig historians, such as WEH Lecky, Lord Acton and JR Seeley, which illustrate the tendency to present history as an ineluctable progress toward advancement and Enlightenment; or additionally, in those theories of nineteenth-century social evolutionists such as Auguste Comte and Herbert Spencer.
Social systems such as law are seen to interpret actions according to their own logic and binary codes, and autopoiesis insists that law itself determines what is to count as law by the application of the legal/illegal code, achieving structural stability through recursivity. 21 It is far removed from law in its huge, complex unwieldiness, as actually experienced by human beings. A Culture of Autonomy? A concern with autonomy cuts across disciplines, and perversely, as a result, autonomy has its own interdisciplinarity and can be seen as a feature of a broader culture of modernity.
However, part of the explanation of their diversity lies in their historical and cultural contexts—a theme that I shall explore throughout this book. Beyond the ‘Degree Zero’ of Law in Modernity My attempt to summon up law in modernity (and thus provide a starting point for the differentiation of law after modernity) aims at least to take us a little further from what I have termed the ‘degree zero’—the ‘notmedieval’—definition of law in modernity. This book does not seek to 21 Introduction: Beyond the ‘Degree Zero’ of Law after Modernity provide a concept of law, nor to define law.