17
Post-modernism took over from modernism, signalling a negative attitude towards
modernity and the enlightment. Modernism is associated with people like Max
Weber. He found that modernity was typified by pervasiveness of the
bureaucratic form of Government and the rational legal forms of political
authority. Weber considered that such modern societies require a mass of rules;
these rules are administered by grey and faceless people called bureaucrats.13
18
Post-modernism sets itself against authority. It denies that there is any
independent authority in the law. According to post-modernism, law is merely
one discourse among many and has no objective basis. As such, both philosophy
and jurisprudence lack foundations. They turn into word games. Under such an
analysis the great traditions of the law collapse and there can be no clarity about
what will follow. Post-modernist argument brings the authority of law into
serious issue.
19
Naturally, there are many critics of the post-modernist message. That is not
surprising since the message is that everything is more or less chaos. There is no
basis to anything and everything is fluid. It has a nihilistic caste to it. As an
intellectual theory it may have had its day - one certainly hopes so.
20
Much of post-modern thought had its origins in literary criticism. When viewed
through a post-modern lens, the relationship between law and literature leads to
uncomfortable conclusions. Texts are as much a foundation of statute law as they
are of literature. Thus, infirmities in the text and particularly suggestions that
texts have no meaning are particularly destructive.
21
The most distinctive intellectual method of post-modernism is deconstruction.
This is a word, that from a semantic point of view, sits between destruction and
construction. Deconstruction seems to change our usual understanding of
history. Indeed, it suggests that everything is contingent and unstable. The
principle technique of deconstruction is to destabilise binary oppositions. This is
done by showing that the dominant term presupposes or depends on its opposite.
13
Max Weber and Stanislave Andreski (ed and trans) Max Weber on Capitalism,
Bureaucracy, and Religion: A Selection of Texts (Allen and Unwin, London, 1983).
8