Details

Autor(en) / Beteiligte

• Fitzpatrick, Peter

Titel

THE MYTHOLOGY OF MODERN LAW

Erscheinungsjahr

1992

Link zum Volltext

Quelle

Sociological Abstracts

Beschreibungen/Notizen

• A radical reappraisal of the role of myth in modern society & law is offered in this vol, published as part of the Sociology of Law & Crime series (Maureen Cain & Carol Smart, series editors) & presented in 6 Chpts with a Preface by the author & a Series Editors Preface. It is argued that law is mythic, & depends for its identity on other mythic categories, eg, the nation, the individual, & the sciences of humanity & society. The book revises the foundations of jurisprudence & the sociology of law, & is an invaluable reference for debates on modernity, postmodernity, & the law. (1) Myth and the Negation of Law -- argues that law is a unified entity that can be reconciled with its contradictory existences only if it is viewed as a myth. (2) Myth and Modernity -- examines the nature of myth, & argues that myth is a suppressed dimension of modernity, & that myths provide configurations of rules & norms against which the profane can be evaluated & granted reality. (3) The Mythic Foundation of Modern Law -- identifies the mythic foundation of modern law in the Enlightenment, & looks at the writings of Thomas Hobbes & John Locke to show how law was conceived as the opposite of savagery. (4) The Mythic Consolidation of Modern Law -- examines the consolidation of the myth of law, explains the racism of neutral & racially indifferent legality, & argues that racism is foundational to legal theory. (5) Law and Myths -- examines the basic jurisprudential divide between law as autonomous & law as dependent on society, discusses the relation between law & administration, & shows how operative figures of a society relate to law in ways that limit it yet sustain its transcendent being. (6) Law as Myth -- offers a reading of H. L. A. Hart's The Concept of Law (London: Oxford U Press, 1961) to demonstrate myth's centrality to law's autonomy, & to show that the myths on which modern law was founded are alive & well in the late twentieth century. 354 References. W. Howard