Introduction: The Emergence of Postmodernism in Legal Studies

1. Understanding Postmodernism Generally

Understanding Modernism and Postmodernism

The Death of Grand Narratives (Reason, Truth, Self, God, Meaning)

A Note on Postmodern Rhetorical Devices

2. The Orientation of Postmodern Legal Theory

Internal and External Legal Theory

Foundationalism and Antifoundationalism

Positive and Negative Jurisprudence

3. Nietzsche's Theory of Law as a Critique of Natural Law Theory

The Basics of Natural Law Theory

First Critique: The Illusion of Natural Laws

Second Critique: Natural Law as Linguistic Error

Third Critique: The Genealogy of Law

Does Nietzsche Offer a Positive Jurisprudence?

Problems with a Nietzschean Positive Jurisprudence

4. Foucault on Law. Modernity as Negative Utopia

The Classical Juridical View and Nietzsche's Critique

Foucault on Law and Discipline

Does Foucault Offer a Positive Jurisprudence?

Foucault as Negative Utopian and Enlightenment Critic

5. Derrida: Borrowing (Illicitly?) from Plato and Kant

Derrida on Law and Justice

Platonic and Kantian Influences

Problems with a Derridean Positive Jurisprudence

Toward an Assessment

6. Lyotard: Postmodern Gaming and a Plurality of Justices

Lyotard on Postmodern Law and Justice

Problems with Lyotard's Account of Law and Justice

The Lessons of Lyotard's Work

7. Rorty's Postmodern Antifoundationalism

From Postmodernism to Antifoundationalism

Rorty's Antifoundational Pragmatism (on Ethics /Politics /Law)

What Would a Rortian Jurisprudence Look Like?

What Is Objectionable About Rorty's Pragmatism?

Why Rorty Stops Short of a Positive Jurisprudence

8. Conclusion: The Benefits and Drawbacks of Postmodern Legal Theory

The Insights of Postmodern Legal Theory

Two Big Problems: Externality and Lingering Foundationalism

The Use of Postmodern Theory in Thinking the Other of the Law

NOTES

INDEX