By Stephen M. Feldman
American felony inspiration has advanced remarkably speedy from premodernism to modernism and into postmodernism in little over 2 hundred years. this article tells the tale of this mercurial trip of jurisprudence through exhibiting the advance of criminal idea via those 3 highbrow periods.
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Extra resources for American legal thought from premodernism to postmodernism : an intellectual voyage
Thus, when purified of historical and traditional prejudices, reason itself seems to yield certainty—that is, the truth. From these axiomatic truths, then, abstract reason could deduce additional truths with certitude. ”34 Thus, Descartes, writing a little more than a century after the beginning of the Reformation, developed a philosophy that strongly resonated with Protestant theology in three important and interrelated ways. First, by articulating his skeptical method, Descartes in a sense took the Protestant reformers’ confrontational attitude of doubt (which the reformers had directed against the Roman Catholic Church) and institutionalized it as an intellectual method in the secular realm.
29 Hobbes, in effect, fully accepted Calvin’s radical disjunction between the spiritual and secular, but Hobbes lacked Calvin’s overarching religious convictions. Consequently, Hobbes’s political philosophy demonstrated the perhaps perverse secularizing drift of Calvinist theology. For Calvin, ultimately, the final end or Charting the Intellectual Waters purpose for secular affairs was the glory of God. For Hobbes, though, the glory of God might provide the eschatological end of Christian society, but neither God nor spirituality could provide any guidance or purpose for political society in this depraved secular world.
Our very being-in-the-world is interpretive, hence we can never escape or avoid interpretation and understanding. Even further, each interpretive encounter is itself ontological. ” Gadamer’s metaphysical stance thus contravenes the modernist notion of an interpretive methodology. ”55 This rejection of modernist methodology and objectivity, however, does not mean that understanding or interpretation is purely subjective or capricious. Gadamer asserts that a reader or other interpreter is never an independent and autonomous subject who freely or arbitrarily imposes meaning on a text.
American legal thought from premodernism to postmodernism : an intellectual voyage by Stephen M. Feldman