Postmodern Law
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Postmodern Law
Postmodern law, fu and postmodern jurisprudence, relates to interpretations of the legal system using postmodern philosophy and the theories of postmodernism. It also relevant to law within the context of the postmodern era. Since the mid-1990s Annual meetings of the Association of American Law Schools have focused on the inclusion of postmodern interpretative strategies at these meetings. Postmodern interpretations of the law can involve critically considering legal inequalities connected to gender, class, race and ethnicity by acknowledging "diversity and multiplicity". Critical practices connected to postmodern philosophy, such as critical literacy Critical literacy is the ability to find embedded discrimination in media. This is done by analyzing the messages promoting prejudiced power relationships found naturally in media and written material that go unnoticed otherwise by reading beyond ... and deconstruction, can be used as an interpretative tool to ensure that a ...
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Postmodern Philosophy
Brian Duignan writes on the ''Encyclopædia Britannica'' that Postmodern philosophy is a philosophical movement that arose in the second half of the 20th century as a critical response to assumptions allegedly present in modernist philosophical ideas regarding culture, identity, history, or language that were developed during the 18th-century Enlightenment. Postmodernist thinkers developed concepts like difference, repetition, trace, and hyperreality to subvert " grand narratives", univocity of being, and epistemic certainty. Postmodern philosophy questions the importance of power relationships, personalization, and discourse in the "construction" of truth and world views. Many postmodernists appear to deny that an objective reality exists, and appear to deny that there are objective moral values. Jean-François Lyotard defined philosophical postmodernism in ''The Postmodern Condition'', writing "Simplifying to the extreme, I define postmodern as incredulity towards meta narrati ...
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Postmodernism
Postmodernism is an intellectual stance or Rhetorical modes, mode of discourseNuyen, A.T., 1992. The Role of Rhetorical Devices in Postmodernist Discourse. Philosophy & Rhetoric, pp.183–194. characterized by philosophical skepticism, skepticism toward the "meta-narrative, grand narratives" of modernism, opposition to epistemological, epistemic certainty or stability of meaning (semiotics), meaning, and emphasis on ideology as a means of maintaining political power. Claims to objective fact are dismissed as naïve realism, with attention drawn to the instrumental conditionality, conditional nature of knowledge claims within particular historical, political, and cultural discourses. The postmodern outlook is characterized by self-reference, self-referentiality, epistemological relativism, moral relativism, pluralism (philosophy), pluralism, irony, irreverence, and eclecticism; it rejects the "universal validity" of binary oppositions, stable identity (philosophy), identity, hierar ...
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Postmodern
Postmodernism is an intellectual stance or mode of discourseNuyen, A.T., 1992. The Role of Rhetorical Devices in Postmodernist Discourse. Philosophy & Rhetoric, pp.183–194. characterized by skepticism toward the " grand narratives" of modernism, opposition to epistemic certainty or stability of meaning, and emphasis on ideology as a means of maintaining political power. Claims to objective fact are dismissed as naïve realism, with attention drawn to the conditional nature of knowledge claims within particular historical, political, and cultural discourses. The postmodern outlook is characterized by self-referentiality, epistemological relativism, moral relativism, pluralism, irony, irreverence, and eclecticism; it rejects the "universal validity" of binary oppositions, stable identity, hierarchy, and categorization. Initially emerging from a mode of literary criticism, postmodernism developed in the mid-twentieth century as a rejection of modernism and has been observed a ...
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Association Of American Law Schools
The Association of American Law Schools (AALS), formed in 1900, is a non-profit organization of 176 law schools in the United States. An additional 19 schools pay a fee to receive services but are not members. AALS incorporated as a 501(c)(3) non-profit educational organization in 1971. The association is a member of both the American Council on Education and the American Council of Learned Societies Its headquarters are in Washington, D.C. History In August 1905, a new quarterly law publication was announced in the annual meeting held in Fort Wayne, Indiana. Henry Wade Rogers, dean of Yale Law School served as the president and 25 law schools were represented. Leadership Erwin Chemerinsky, dean of University of California, Berkeley School of Law, became president of AALS on January 8, 2022.  The president-elect is Mark Alexander, dean of Villanova University Charles Widger School of Law, and Vincent D. Rougeau, president of the College of the Holy Cross, is the immediate pa ...
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Gender
Gender is the range of characteristics pertaining to femininity and masculinity and differentiating between them. Depending on the context, this may include sex-based social structures (i.e. gender roles) and gender identity. Most cultures use a gender binary, in which gender is divided into two categories, and people are considered part of one or the other (boys/men and girls/women);Kevin L. Nadal, ''The SAGE Encyclopedia of Psychology and Gender'' (2017, ), page 401: "Most cultures currently construct their societies based on the understanding of gender binary—the two gender categorizations (male and female). Such societies divide their population based on biological sex assigned to individuals at birth to begin the process of gender socialization." those who are outside these groups may fall under the umbrella term ''non-binary''. Some societies have specific genders besides "man" and "woman", such as the hijras of South Asia; these are often referred to as ''third gende ...
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Class (social)
A social class is a grouping of people into a set of hierarchical social categories, the most common being the upper, middle and lower classes. Membership in a social class can for example be dependent on education, wealth, occupation, income, and belonging to a particular subculture or social network. "Class" is a subject of analysis for sociologists, political scientists, anthropologists and social historians. The term has a wide range of sometimes conflicting meanings, and there is no broad consensus on a definition of "class". Some people argue that due to social mobility, class boundaries do not exist. In common parlance, the term "social class" is usually synonymous with "socio-economic class", defined as "people having the same social, economic, cultural, political or educational status", e.g., "the working class"; "an emerging professional class". However, academics distinguish social class from socioeconomic status, using the former to refer to one's relatively sta ...
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Race (classification Of Humans)
A race is a categorization of humans based on shared physical or social qualities into groups generally viewed as distinct within a given society. The term came into common usage during the 1500s, when it was used to refer to groups of various kinds, including those characterized by close kinship relations. By the 17th century, the term began to refer to physical ( phenotypical) traits, and then later to national affiliations. Modern science regards race as a social construct, an identity which is assigned based on rules made by society. While partly based on physical similarities within groups, race does not have an inherent physical or biological meaning. The concept of race is foundational to racism, the belief that humans can be divided based on the superiority of one race over another. Social conceptions and groupings of races have varied over time, often involving folk taxonomies that define essential types of individuals based on perceived traits. Today, scientists co ...
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Ethnicity
An ethnic group or an ethnicity is a grouping of people who identify with each other on the basis of shared attributes that distinguish them from other groups. Those attributes can include common sets of traditions, ancestry, language, history, society, culture, nation, religion, or social treatment within their residing area. The term ethnicity is often times used interchangeably with the term nation, particularly in cases of ethnic nationalism, and is separate from the related concept of races. Ethnicity may be construed as an inherited or as a societally imposed construct. Ethnic membership tends to be defined by a shared cultural heritage, ancestry, origin myth, history, homeland, language, or dialect, symbolic systems such as religion, mythology and ritual, cuisine, dressing style, art, or physical appearance. Ethnic groups may share a narrow or broad spectrum of genetic ancestry, depending on group identification, with many groups having mixed genetic ancestry. Ethni ...
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Critical Literacy
Critical literacy is the ability to find embedded discrimination in media. This is done by analyzing the messages promoting prejudiced power relationships found naturally in media and written material that go unnoticed otherwise by reading beyond the author's words and examining the manner in which the author has conveyed his or her ideas about society's norms to determine whether these ideas contain racial or gender inequality. Overview Critical literacy is an instructional approach that advocates the adoption of "critical" perspectives toward text. Critical literacy is actively analysing texts and includes strategies for what proponents describe as uncovering underlying messages. The purpose of critical literacy is to create a self-awareness of the topic at hand. There are several different theoretical perspectives on critical literacy that have produced different pedagogical approaches. These approaches share the basic premise that literacy requires consumers of text to ado ...
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Deconstruction
The term deconstruction refers to approaches to understanding the relationship between text and meaning. It was introduced by the philosopher Jacques Derrida, who defined it as a turn away from Platonism's ideas of "true" forms and essences which take precedence over appearances, instead considering the constantly changing complex function of language, making static and idealist ideas of it inadequate. Deconstruction instead places emphasis on the mere appearance of language in both speech and writing, or suggests at least that essence as it is called is to be found in its appearance, while it itself is "undecidable", and everyday experiences cannot be empirically evaluated to find the actuality of language. Deconstruction argues that language, especially in idealist concepts such as truth and justice, is irreducibly complex, unstable and difficult to determine, making fluid and comprehensive ideas of language more adequate in deconstructive criticism. Since the 1980s, these p ...
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Diversity (politics)
Diversity as seen in sociology and political studies is the degree of differences in identifying features among the members of a purposefully defined group, such as any group differences in racial or ethnic classifications, age, gender, religion, philosophy, physical abilities, socioeconomic background, sexual orientation, gender identity, intelligence, mental health, physical health, genetic attributes, personality, behavior or attractiveness. When measuring human diversity, a diversity index exemplifies the likelihood that two randomly selected residents have different ethnicities. If all residents are of the same ethnic group it is zero by definition. If half are from one group and half from another, it is 50. The diversity index does not take into account the willingness of individuals to cooperate with those of other ethnicities. International human rights The Convention on the Rights of Persons with Disabilities affirms to "respect difference and acceptance of person ...
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Postmodernism
Postmodernism is an intellectual stance or Rhetorical modes, mode of discourseNuyen, A.T., 1992. The Role of Rhetorical Devices in Postmodernist Discourse. Philosophy & Rhetoric, pp.183–194. characterized by philosophical skepticism, skepticism toward the "meta-narrative, grand narratives" of modernism, opposition to epistemological, epistemic certainty or stability of meaning (semiotics), meaning, and emphasis on ideology as a means of maintaining political power. Claims to objective fact are dismissed as naïve realism, with attention drawn to the instrumental conditionality, conditional nature of knowledge claims within particular historical, political, and cultural discourses. The postmodern outlook is characterized by self-reference, self-referentiality, epistemological relativism, moral relativism, pluralism (philosophy), pluralism, irony, irreverence, and eclecticism; it rejects the "universal validity" of binary oppositions, stable identity (philosophy), identity, hierar ...
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