Abstract

GUADARRAMA GONZALEZ, Pablo. Conflict Between the Philosophical Bases of Modern and Postmodern Law. Frónesis [online]. 2008, vol.15, n.2, pp.122-159. ISSN 1315-6268.

Political and juridical regimes and even ethical norms prevailing in pre-capitalist social-economic formations did not permit a broad display of individual liberties that bourgeois ideology would later undertake to raise aloft with the objective of founding the supposed eternity of a supposedly perfect society justified by reason -understand the presumed rationality of the market- that constantly manifests the irrationality of its behavior and consequences. The modern spirit was forged under the paradigms of equality, fraternity, liberty: postmodernism is the criticism of the insufficiencies of those paradigms. It was supposed that law in modernity was underpinned by the rationality of arguments fostered by a supposed democratic life of equality and social justice that began to break apart very early when capitalist society revealed more and more its irrational nature. The consequences of irrational discourse have been very severe and its manifestations have appeared in spheres of contemporary spirituality and of course, in law on different levels.

Keywords : Modernity; rationality; postmodernity; law; discourse; paradigms.