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Power in Contemporary Legal Thought: Postmodernism versus Behavioral Biology

48 Pages Posted: 22 Jul 2011  

Edwin S. Fruehwald

Independent

Date Written: July 20, 2011

Abstract

This paper will contrast views of power under postmodernism and behavioral biology and how these views affect law, government, and society. Part II will discuss power and postmodernism. It will examine the postmodern concept of power, then analyze offshoots of postmodernism, such as critical legal studies, feminism, and critical race studies in connection with power and law. Part III will present a theory of power and law based on behavioral biology. It will examine behavioral biology and power, contrast behavioral biology and postmodernism concerning power, and contrast notions of power under behavioral biology and offshoots of postmodernism. This paper will conclude that postmodern notions of power are faulty and unworkable, while behavioral biology offers useful ideas on power.

Keywords: evolutionary biology, evolutionary psychology, jurisprudence, rights, postmodernism, law and evolution, morality, politics

Suggested Citation

Fruehwald, Edwin S., Power in Contemporary Legal Thought: Postmodernism versus Behavioral Biology (July 20, 2011). Available at SSRN: https://ssrn.com/abstract=1890945 or http://dx.doi.org/10.2139/ssrn.1890945

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