Postmodern jurisprudence

Author: (German) Arthur Kaufmann Translator: Mi Jian (Germany/Germany)
Publisher:
Publishing Date: 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 position of the German legal system, represents the forefront of Western legal thought. This book is an academic lecture given by Professor Arthur Kaufmann as he bids farewell to nearly 50 years of his teaching career, offering an interpretation and summary of his decades of practical experience and key issues in the field of legal philosophy. 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 studying German law. The book is divided into 7 chapters, including:
1. The Starting Point: A Turning Point in the Era
2. Rational Legal Philosophy
3. The Theory of Truth or Justice as a Procedure
4. Various Starting Points for the Theory of Truth or Justice 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 a "debating ethics" or "procedural ethics" that lacks substance, as well as an "ethics or philosophy of obtaining normative rules through procedural content" that ignores the process, must be refuted. 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 room for reflection. Therefore, whether for those with extensive academic experience or for those just beginning to explore 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 school teachers, judges, lawyers, and others as a reference.