IDEAS home Printed from https://ideas.repec.org/
MyIDEAS: Login to save this article or follow this journal

Constructive – Postmodern Approaches on the Philosophy of Law (English version)

  • Lecturer Ph.D. Antonio SANDU

    ()

    (Lecturer Ph.D. at Faculty of Law, Mihail Kogalniceanu University, Iasi, Substitute Lecturer Ph.D. at Al. I. Cuza University, Iasi and Researcher at Lumen Research Center in Humanistic Sciences, Romania)

The characteristic of postmodernism as a cultural paradigm is deconstruction. The fact that “deconstruction” allows a hermeneutical adrift, centrifuge and without poles, shows the difficulty of understanding the ways of thinking, supreme tolerance, which accepts any text. No interpretation of Deconstruction, in Derrida’s way as the sense of universality of language, it is not possible, because any interpretation goes in same direction as deconstruction. From the deconstructive-reconstructive hermeneutic methodology we can analyze the existential meaning of historical or social phenomena in terms of understanding the socio-historical reality as a construct that was generated by a “reframed” interpretation. Philosophical issue is “a pretext” of the hermeneutical process of creating the significance. Constructionist epistemology is a structure close to postmodernism perspective in manner of the vision of Lyotard, under which our image of reality is a narrative one, a consensus of speech. The legal discourse is a particular form of speech and can be analyzed in constructionist manner as a textual analysis. The analysis of the legal system must take into account the collective character of interpretive construction. Radically changing the interpretation or the context we modify the interpretation of the representation of reality which consciousness substitute for reality itself. In Foucault’s view, Power is internal and constitutive to the discourse.

If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.

File URL: http://postmodernopenings.com/archives/188
Download Restriction: no

Article provided by Editura Lumen, Department of Economics in its journal Postmodern Openings.

Volume (Year): 3 (2010)
Issue (Month): (Octomber)
Pages: 23-34

as
in new window

Handle: RePEc:lum:rev3rl:v:3:y:2010:i::p:23-34
Contact details of provider: Web page: http://postmodernopenings.com/

No references listed on IDEAS
You can help add them by filling out this form.

This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

When requesting a correction, please mention this item's handle: RePEc:lum:rev3rl:v:3:y:2010:i::p:23-34. See general information about how to correct material in RePEc.

For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Amariei Mirela)

If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

If references are entirely missing, you can add them using this form.

If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

Please note that corrections may take a couple of weeks to filter through the various RePEc services.

This information is provided to you by IDEAS at the Research Division of the Federal Reserve Bank of St. Louis using RePEc data.