SOCIAL THEORY OF LAW
Proposition: The Implications of Pragmatism and Postmodernism for Legal Theory Reveal Why Philosophy and Law Should Be Kept Apart
- Postmodernism reduces the law to philosophical discourse and causes you to question the fundamental assumptions of the law (e.g. that it is more than discourse and it actually constrains society)
- Postmodernism raises the question of wherein lies the value of the law.
- Postmodernism's discourse approach demystifies the law, very much like Critical Legal Studies. This can help devolve some power from the courts as people revert to less formal means of dispute resolution
- The Wittgensteinian approach of 'language therapy' (partly modeled on psychoanalysis) enables people to repair ordinary social relations and not think that justice is only possible through litigation and formal legislation
- Prevents overdependence on the law as the solution to all problems in an increasingly fragmented world.