Toward a Postmodern Theory of Law :: Philosophy Philosophical Essays

Toward a Postmodern Theory of Law* ABSTRACT: Law at the end of the twentieth century is a practice based on legal-philosophical concepts such as the representational theory of truth, neutrality, universality, and legitimacy. The content of such concepts responds to the tradition of the western cultural paradigm. We share the experience of fragmentation in this cultural unanimity: we live in a world of heterogeneousness and multiplicity that upholds the claims of different concepts of the world and of life shared by dwellers in microspaces. The theory of law should be adapted to take this experience into account. We propose a change in direction oriented toward the creation of operational legal concepts: creative justice, perspectivist rationality, a systemic theory of truth and a judicial process that guarantees the multicultural experience. Postmodernity affirms the urgent need for a new form of legal reasoning. The work of a lawyer is commonly understood to consist of searching for and locating in the codes and laws the appropriate disposition to solve a case and apply the legal consequences anticipated by the norm to the situation in controversy. To date, the philosophy of law produced and taught at universities in Venezuela and the rest of the world corresponds to that conceptualization. Philosophical-juridical problems such as concept of law, norm, validity, efficacy, etc.; the sources of law, the interpretation of legal texts, and many others have been approached from that enlightened or modern perspective. This perspective conceives law as the only system of norms legitimized to regulate human social conduct based on the legal conceptions of the world and of life reflected in positive dispositions. This vision of law is a myth; it is extraordinarily powerful, but a myth, nonetheless. Such an affirmation is unreal, but not because law, far from being a complete and static system, is a dynamic system continually being created and modified. This condition of dynamism is already a commonplace in legal theory, yet its acceptance has not resulted in a de-mythification of law. Modification and permanent self-creation of the system of norms always and necessarily takes place according to the mechanisms and criteria of legal assessment included in the code of positive law. The aforementioned vision is a myth because the concepts and ideas that we human beings use to make the world surrounding us intelligible and manageable have changed their content and lost their quality of ethical references that legitimize the law. Toward a Postmodern Theory of Law :: Philosophy Philosophical Essays Toward a Postmodern Theory of Law* ABSTRACT: Law at the end of the twentieth century is a practice based on legal-philosophical concepts such as the representational theory of truth, neutrality, universality, and legitimacy. The content of such concepts responds to the tradition of the western cultural paradigm. We share the experience of fragmentation in this cultural unanimity: we live in a world of heterogeneousness and multiplicity that upholds the claims of different concepts of the world and of life shared by dwellers in microspaces. The theory of law should be adapted to take this experience into account. We propose a change in direction oriented toward the creation of operational legal concepts: creative justice, perspectivist rationality, a systemic theory of truth and a judicial process that guarantees the multicultural experience. Postmodernity affirms the urgent need for a new form of legal reasoning. The work of a lawyer is commonly understood to consist of searching for and locating in the codes and laws the appropriate disposition to solve a case and apply the legal consequences anticipated by the norm to the situation in controversy. To date, the philosophy of law produced and taught at universities in Venezuela and the rest of the world corresponds to that conceptualization. Philosophical-juridical problems such as concept of law, norm, validity, efficacy, etc.; the sources of law, the interpretation of legal texts, and many others have been approached from that enlightened or modern perspective. This perspective conceives law as the only system of norms legitimized to regulate human social conduct based on the legal conceptions of the world and of life reflected in positive dispositions. This vision of law is a myth; it is extraordinarily powerful, but a myth, nonetheless. Such an affirmation is unreal, but not because law, far from being a complete and static system, is a dynamic system continually being created and modified. This condition of dynamism is already a commonplace in legal theory, yet its acceptance has not resulted in a de-mythification of law. Modification and permanent self-creation of the system of norms always and necessarily takes place according to the mechanisms and criteria of legal assessment included in the code of positive law. The aforementioned vision is a myth because the concepts and ideas that we human beings use to make the world surrounding us intelligible and manageable have changed their content and lost their quality of ethical references that legitimize the law.

New Jersey Insurance Company Essay

1. In what ways does Mr. Somersby control the operation of the sections of his division? In what ways does top management control the operations of the law division? Mr. Somersby controls the operation of the division by requiring reports from each section of his division. Which such reports he was able to monitor the performance as well as the expenditures of each section. The law division has about five sections to which two of them seem more crucial than the others. This is because such section handle accounts that can either make or break the financial status not only of their division but of the company as well. Because of the importance of such sections, Mr. Somersby conducts conferences with the sections in order to determine if there are any problems during their operation and to prepare for future developments. The top management controls the law division by monitoring the financial standing of the division through the required reports that they acquire. They screen discrepancies and questionable differences in cost through comparison with the division’s previous financial report. They are able to do because of the established standard they have set from their years of experience [most of the employees have been retained due to their costly training. Thus, hiring of new employees are avoided unless needed] and frequent transactions in their â€Å"routinary† operation. They require the division to set budgets, and monitor their projected costs from their incurred cost. The same goes to Mr. Somersby. When large deficits are detected they questions such occurrence in order to justify the incurred cost or to make certain actions for the situation to desist. 2. What possibilities for improving control, if any, do you think should be explored? Since budget plans seems to be crucial in their company, they should try to establish more definite parameters for their reports especially for the corporate loan division. They should incorporate the factor of TIME with their reports. For doing almost â€Å"routinary† transactions and for handling such situations for a longer period of time, the examiners should have a clearer gauge as to how long their transactions would be. By sending reports on a timelier manner they would be able to have more reliable figures for their budget estimates. As for larger accounts [like  those of the corporate loans], they should also try to consider not only outsourcing on the legal matter but for investment matters as well. They could consider hiring consultants that have a larger network in these matter in order to have a broader reference in the evaluation process. These financial experts might be able to help them more in accessing mortgages, company and individual net worth and the market standing of any investment. With this, just like on legal matters, these too can be a form of marketing, because they can claim to have a more reliable service because of the presence of financial experts that are not tied with their company. [Thus unbiased reports and projections]. They should also coordinate with the government in some cases so that they could keep track and prepare for any policy changes in their area that might affect the prices of their resources but that of their needed inputs as well. 3. As Mr. Montgomery, what comments would you make and what questions would you ask Mr. Somersby about the performance of the two sections of the law division for the first 6 months of 1987? As Mr. Montgomery, my comments for Mr. Somersby would be as follows: There have been huge deviations on the projected budget and the actual budget of the law division. More particularly, the individual loan section has incurred most of those deviations. From the figures, it seems that the corporate loan section had lesser number of transactions compared to their previous year. It seems that the individual loan section has employed an outsider which is different because their division has carefully trained and well experienced examiners, and has not required to have one from the previous years. The questions would be as follows: What are the reasons of the over budget?  What are your plans in order to prevent your division from incurring these deviations? Why was an additional labor for the individual loan sections made? How come the budgeted number of employees was 26 and the actual number of employees was 24? Since, employing additional labor for the individual loan section happened, is there a need to employ a new permanent worker? Were some of the people from the corporate loan section laid off? Are there any management problems in the corporate loan section? Have you considered employing financial experts instead of outsourcing them? What would become of the division then?

Land Of The Free By Langston Hughes - 898 Words

Land of the Free Langston Hughes’s â€Å"Let America Be America Again† is a poem that could be endlessly applied to where America stands today. This poem illustrates the morals, ideas, and visions set forth by those who found this country and how America has begun straying from those principles. The poem expresses that America is made up of all walks of people and that no man should be crushed by those above him, but rather be given the same opportunity as those above him. Hughes desire to make America great again can be shared in some way or another by most Americans making this poem everlasting. â€Å"Let America Be America Again† has the personalization, the language, the connection shared by every American, and the rhyme to allow readers of every race, gender, or religious belief to be brought together as not only people but as Americans. â€Å"Let America Be America Again† becomes personal for the audience which is what makes this poem so easily appr eciated and enjoyed. The poem refers to the many races and backgrounds by referring to, â€Å"the poor white, fooled and pushed apart† or â€Å"the Negro bearing slavery’s scars† (Line 19 and 20). Whether the reader is poor, rich, white, black, or Indian the poem goes in detail of how for better or worse everyone makes up America. With Langston Hughes being African American, he obviously witnessed and endured racism and hardships, but he broadened the discussion by not only mentioning the Negros, but of the poor whites and the â€Å"red man† to makeShow MoreRelatedAnalysis Of Langston Hughes s The Crucible 872 Words   |  4 Pagesthe most â€Å"free† country’s to live in. To many people in today’s society, they see America as a great place to live and that you can accomplish or get anything that the person wants. However, there are some key points that Langston Hughes shows in his two poems that can show a reader how America being perfectly â€Å"free† is not the case. Langston Hughes makes three key points in Open Letter to The South and Let America Be America Again, which are America’s equality, freedom, and Race. Langston talks aboutRead MoreA Brief Look at Langston Hughes1413 Words   |  6 PagesLangston Hughes Langston Hughes’ challenging background, ethnicity, and era of life can all be thought of reasons as to why his style of writing relates among discrimination and unsettling topics. Although his writing can be said to bring hope to the African Americans, his style can be frightening and daunting when taken the time to read his pieces. They may not seem real, but they are his way of interpreting and informing the future of what African Americans, like himself, had to go throughRead MoreFreedom In Langston Hughess Let America Be Again1251 Words   |  6 PagesOne of Langston Hughes’s most famous poems is, â€Å"Let America Be Again†. It is quite long, and full of expressions about freedom and equality between white and black people. Among the great writer of his time, he inspired others, people to find their freedom. His poems revealed his steadfast admiration for black, especially the poor. Hughes shows all the different community and races in America and, how the rich and powerful overpowering them all. This research paper is to relate the theme, voiceRead MoreAnalysis Of The Literary Work Let America Be America Again By Langston Hughes1324 Words   |  6 PagesHistorical analysis of the literary work â€Å"Let America be America Again† by Langston Hughes Man has always been interested in analyzing issues in the history of the world. People tend to appreciate it when grand historical events are described in works of literature. Consequently, writers and poets, try to capture every single step of societal and personal experiences in their works. One of such writers is Langston Hughes whose poem â€Å"Let America be America Again† speaks to certain events in theRead MoreLet America be America again analysis856 Words   |  4 Pages Let America be America Again Analysis In Langston Hughes poem â€Å"Let America be America Again† he talks about how America should return to the way that it was perceived to be in the dreams before America was truly America. Throughout the poem he uses various methods to evoke the patriotic images and dreams that he feels America should and will eventually be. Hughes states that America is supposed to be a place of equality for everyone including both white and colored people. During this periodRead More`` True Freedom `` By Langston Hughes1163 Words   |  5 PagesAmerica is known as the land of the free, but is anyone really free? One might view freedom as abolished slavery, but true freedom gives one the ability to make choices and act on decisions. True freedom might be gained through lessons learned from history, from accomplishing and seeing dreams become reality, or from standing up for beliefs. Langston Hughes, an American poet known for his writing during the Harlem Renaissance period said, â€Å"In all my life, I have never been free. I have never been ableRead MoreDreams in Langston Hughes Poems1401 Words   |  6 Pages Langston Hughes’ challenging background, ethnicity, and era of life can all be thought of reasons as to why his style of writing relates among discrimination and unsettling topics. Although his writing can be said to bring hope to the African Americans, his style can be frightening and daunting when taken the time to read his pieces. They may not seem real, but they are his way of interpreting and informing the future of what African Americans, like himself, had to go through and what they hadRead MoreEssay on Idealism in Let America Be America Again by Langston Hughes815 Words   |  4 PagesIdealism in Let America Be America Again by Langston Hughes      Ã‚  Ã‚  Ã‚   In the poem Let America Be America Again, Langston Hughes paints a vivid word picture of a depressed America in the 1930s. To many living in America, the idealism presented as the American Dream had escaped their grasp. In this poetic expression, a speaker is allowed to voice the unsung Americans concern of how America was intended to be, had become to them, and could aspire to be again.    Using a conversationalRead MoreThe Difference Between Langston Hughes And I Hear America Singing998 Words   |  4 PagesIn this essay I will be talking about the differences between Walt Whitmans poem â€Å" I Hear America Singing† and Langston Hughes poem â€Å" I, Too, Sing America†. I will also be giving my opinion on whether or not Langston Hughes is responding to Walt Whitmans poem. Langston Hughes was an American poet, social activist, novelist, playwright, and a columnist from Joplin, Missouri. Walt Whitman was an American poet, essayist, and a journalist from West Hills, New York. This is all just background informationRead MoreLangston Hughes Poems Analysis1077 Words   |  5 PagesFreedom in America Langston Hughes was born during a time of blatant racism and discrimination. He was a voice for black America in the 1920s, and his poems have endured with a never-ending passion for justice and racial equality. His poems have a strong positive message, albeit his frustration for his country, which did not allow him to sit at the table of his white counterparts, as in â€Å"I, Too.† Hughes wanted to live equally among others, to feel an undeniable part of the free America he loved.