Postmodern Legal Philosophy - Farewell Speech

Author: (German) Arthur Kaufmann Translator: Mi Jian/Nationality: Germany/German
Publisher:
Publishing Time: 2000-09-01
Features: This book is a work of legal philosophy written by the renowned contemporary German legal scholar, Professor Arthur Kaufmann. Legal philosophy, also known as jurisprudence, is a fundamental theoretical basis for modern German law. And modern German law, like the prominent global status of the German legal system, represents the forefront of Western legal thought. This book is an academic lecture delivered by Professor Arthur Kaufmann at the end of his nearly 50-year teaching career, offering an interpretation and summary of his decades of practical experience in legal philosophy and some key issues in the field. Since Kaufmann was a disciple of the famous German scholar Rudolf von Jhering, who in turn was a student of the renowned 19th-century German legal scholar Friedrich Carl von Savigny, Kaufmann's academic career reflects an important thread in the historical evolution of German legal thought. This provides a necessary reference for understanding and researching German law. The book is divided into 7 chapters, including:
1. Initial Situation: Turning Point of the Era
2. Rational Legal Philosophy
3. Theoretical Framework of Truth or Justice
4. Various Starting Points for Truth or Justice Theories Based on Content
5. Man as the Fundamental Relationship of Legal Ontology
The central theme that the author elaborates in this book is "reconciling justice," which refers to the contradiction between the formal and substantive aspects of ethics. The author argues that "debate ethics" or "procedural ethics" that lacks substance must be refuted, and at the same time, "ethics or philosophy that ignores the procedural ethics of obtaining substantive normative rules" is also unacceptable. Here, the author delves into the deeper content of legal philosophy. At first glance, the book may seem obscure, but upon closer reading, it reveals rich insights and leaves ample space for reflection. Therefore, whether for those with extensive academic experience or for beginners in the field of legal academic thought, reading these experiential and summary works is undoubtedly beneficial. This book is suitable for university law students and postgraduate students in China, as well as for law faculty members, judges, and lawyers for reference.