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One might consider postmodernism, as a genre and topic, as part of a long and diffuse set of polemics in the West concerning both the status of the modern and of the attributes of the Enlightenment. Where questions of the modern and modernism were pitched, in the name of reason, against nature, religion, the ancients, and superstition, those of the postmodern and postmodernity have focused on the meaning and value of the modern and modernity. Postmodernism in the past forty years has launched polemics against the conformist ethics and aesthetics of modernist styles of architecture and cultural practice, as well as social, political, and legal thought. It is associated with the flamboyant denunciation of Western rationality and representation, attempts to outflank and redefine the authority of culture and law, and the proliferation of new styles of argument and forms of life to suit our times.

What brings out the family resemblances in these polemics is the questioning of relations of temporality. If the time of the modern is the present, then that of postmodern is out of joint. The postmodern does not so much come after the modern but arrives as torsion of the modern. Postmodernism has had a lasting if equivocal effect on legal thought. For some, postmodernism has addressed the most pressing questions of reason, law, and justice; for others it stands accused of promoting a pessimism that is unable to speak out against power or a hedonism that celebrates minor differences of consumption and choice.

Jean-François Lyotard

Jean-François Lyotard's (1924–1998) The Postmodern Condition (1984) has provided an influential discussion of relations between the modern and the postmodern. For Lyotard, there are two entries into questions about the postmodern condition. One is representable and programmatic and considers the cultural and institutional creation and understanding of knowledge. The other is idiomatic and unrepresentable; it attempts to do justice to the singularity of the event.

For Lyotard, postmodernism concerned with the representable can be approached both as a question of legitimacy and of knowledge. Postmodernism begins with the loss of a sense of authority and a pervasive incredulity toward the grand narratives of modernity. The modern narratives of political emancipation (such as the freedom of the human subject), the claims of science and philosophy to explain and order the world, the inevitability of the progress of wealth and welfare, and the power of the rule of law to produce justice have all lost their force.

One can view this incredulity or loss of faith as both anti-authoritarianism and skeptical. The centuries for formation of the modern sovereign state in the name of the rights of man, security, and the rule of law were also the centuries of the mass destruction of security and law through colonialism and economic exploitation. The century of the universal declarations of human rights was also the one of mass destruction of humanity. Faced with what has been done in the name of the universal and universalizing reason, postmodernists have treated reason as part of the problem, and not as the solution. Critics of postmodernist thought, such as Jürgen Habermas, have viewed such claims simply as a loss of courage and faith in the intellectual and political project of the Enlightenment.

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