Modern Law Commentary

Part I of this dissertation, titled "Enlighten the Enlightenment", is macroscopic. After etymological studies on the original meaning of "Post-Modemism/Postmodernism" and its spreading in fields of art, philosophy and sociological theory, the author analyzes several aspects of the emergence of postmodernism and postmodernist jurisprudence, pointing out that postmodernist jurisprudence should be regarded as "Post-Enlightenment", which, in order to awake the Enlightenment, "enlightens the Enlightenment". To clarify the connotation of postmodernist jurisprudence, this dissertation emphasizes that "postmodern" is neither a mere concept of era nor a simple definition, but a kind of thinking pattern or sentiment. So-called "postmodernist jurisprudence" is not a single school of jurisprudence with systematic, clear, close and unanimous ideological system. It is a mixed, may even be contradictive, knowledge base or cognitive state composed of legal thoughts, trends and conceptions with various concerns. Then the author renders a brief presentation of main schools of postmodernist jurisprudence.Part II "Deconstruction and Reconstruction" endeavors on the microscopic analysis of main standpoints and methodology of postmodernist jurisprudence. Ideas of the postmodernist jurisprudence are viewed as destructively oriented (deconstruction) and constructively oriented (reconstruction). Primary standpoints of the former is well expounded, which are denial on the existence of rational individual as legal subject, by objecting dichotomy; denial on the definitude and universality of law, by objecting essentialism; denial on the objectivity and independence of law, by objecting foundationalism; denial on the improvement of history. Strategies (methodology) applied to support these points of view are also illuminated in this part, especially deconstruction and linguistic.Both negative and positive aspects of postmodern jurisprudence are examined in Part III "Exploration in Difficulties". In the author's view, though postmodernist jurisprudence is faced with difficult position due to its limitations, its brave exploration in difficulties is significant. Ultimate target, problems found out, thinking pattern, as well as the spirit of dedication of postmodernist jurisprudence provide many priceless enlightenments to our construction of law and legal science.