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Framing The Legal Within The Post-Foundational

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Chapter Summary

To assume a basic set of post-foundational premises is to have made the decision to remain in the Land of And. Certainly, this decision is not always an easy one to stick to; as John Cole notes, [w]hile the necessity of choice may be an inescapable characteristic of the human condition, the drive to avoid the choices beats intensely in our breasts. The move from demonstration to argumentation, when applied at the most basic level, necessitates leaving behind the expectations of univocality and purity in truth that have driven theoretical endeavour in all fields, and that alone renders the dilemma of apology and utopia a fundamentally contradictory one. There are, however, a number of points at which the author must disagree with, or at least nuance, Koskenniemis claims regarding what the critical project must entail.

Keywords: John Cole; Koskenniemi; post-foundational premises

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