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Stephen M. Feldman

Law and Philosophy

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Stephenmfeldmanthereturno.Pdf, Stephen M. Feldman Dec 2016

Stephenmfeldmanthereturno.Pdf, Stephen M. Feldman

Stephen M. Feldman

Postmodern jurisprudence was all the rage in the 1990s.  Two of the most renowned postmodernists, Stanley Fish and Pierre Schlag, both persistently criticized mainstream legal scholars for believing they were modernist selves--independent, sovereign, and autonomous agents who could remake the social and legal world merely by writing a law review article.  Then Fish and Schlag turned on each other.  Each attacked the other for making the same mistake: harboring a modernist self.  I revisit this skirmish for two reasons.  First, it helps explain the current moribund state of postmodern jurisprudence.  If two of the leading postmodernists could not avoid embedding …