timeline: Modernity and postmodernity

MODERNITY and postmodernity

1492 (discovery of America) and 1789 (French Revolution)

1748

1881

1724

1588

1623

1712

Thomas Hobbes

John Locke

Hanskelsen

Immanuel Kant

Jeremy Bentham

Jean-Jacques Rousseau

(modernist)

(modernist)

(modernist)

(modernist)

(modernist)

(postmodernist)

MODERNITY and postmodernity

From 1950 to the present day

1921

1930

1956

1926

1942

John Rawls

Michel Foucault

Jacques Derrida

Giorgio Agamben

Judith Butler

(postmodernist)

(postmodernist)

(postmodernist)

(postmodernist)

(modernist)

CONCEPT OF LAW

"The law, in essence, is a creation of the sovereign. In the state of nature, men are in a constant war due to their desire for power and limited resources. To escape from this chaotic situation, individuals relinquish a portion of their freedom and power to the sovereign through the social contract. It is the sovereign who establishes and guarantees the rights of citizens, thus regulating the relations among them and ensuring order and peace within civilized society.

biography

Thomas Hobbes was born on April 5, 1588, in Westport, near Malmesbury, England. He was educated at the University of Oxford and later served as a tutor to William Cavendish, the third Earl of Devonshire, which allowed him to travel across Europe for several years and come into contact with the ideas of prominent philosophers of his time. Throughout his life, Hobbes witnessed the English Civil War, which influenced his political and philosophical views. This experience led him to develop a deep concern for human nature and the role of the State in society. Hobbes spent much of his life in the courts of nobles and aristocrats, serving as a tutor and advisor. However, his political and philosophical ideas, especially his defense of absolutism, earned him criticism and conflicts with some of his contemporaries. During his lifetime, Hobbes wrote extensively on a variety of topics, including politics, ethics, religion, and science. His most famous work, "Leviathan," published in 1651, is a profound exploration of human nature and the necessity of a sovereign government to maintain peace and social order. Hobbes died on December 4, 1679, in Hardwick Hall, Derbyshire, leaving a lasting legacy in political philosophy and being remembered as one of the foremost thinkers of modern political thought.

CONCEPT OF LAW

"According to John Locke, the concept of right is grounded in the inherent natural rights of individuals, such as life, liberty, and property. Locke argues that these rights precede any form of government and must be protected by it. The purpose of government is to safeguard these natural rights, and its legitimacy rests on the consent of the governed. Furthermore, Locke emphasizes that government must operate under the rule of law to ensure the protection of individual rights."

biography

John Locke was born on August 29, 1632, in Wrington, Somerset, England. Coming from a family of small landowners, he received a formal education at the University of Oxford, where he developed a particular interest in philosophy, medicine, and the natural sciences. His academic training culminated in obtaining his Bachelor of Medicine degree in 1674. Throughout his life, Locke also ventured into the political and diplomatic sphere. He worked as a personal secretary to the diplomat Sir Walter Vane and later held positions in the Ministry of Trade and Colonies. This experience in politics and government influenced his later philosophical and political ideas. Locke is best known for his philosophical works, especially his "Essay Concerning Human Understanding" (1689), where he develops his theory of empiricism. In this work, he argues that the human mind at birth is a "tabula rasa," a blank slate that is filled through sensory experience and empirical knowledge. In the political realm, Locke is famous for his work "Two Treatises of Government" (1689), where he presents his political theory on the social contract and popular sovereignty. In these treaties, he defends the idea that the government should protect the natural rights of the individual, such as life, liberty, and property. John Locke died on October 28, 1704, in Oates, Essex, England..

CONCEPT OF LAW

"In Rousseau's view, rights stem from the general will, which reflects the collective common will of citizens pursuing the common good. These rights are embodied in the laws governing society and signify the expression of freedom and equality among citizens within a political community."

biography

Jean-Jacques Rousseau was a Swiss-French philosopher, writer, and musician born in Geneva on June 28, 1712, and died on July 2, 1778, in Ermenonville, France. He is considered one of the most influential thinkers of the Enlightenment and a precursor to Romanticism. Rousseau was born into a Protestant family and was orphaned shortly after his birth. He was raised by his aunt and his father, a modest watchmaker, who abandoned him when he was young. Rousseau spent part of his youth in various cities in Switzerland and France, working in various trades, such as an apprentice engraver and musician. From the 1740s onwards, Rousseau began to stand out as a writer and philosopher, being known primarily for his works "Discourse on the Sciences and Arts" (1750) and "Discourse on the Origin and Basis of Inequality Among Men" (1755), where he criticizes civilization and advocates for a return to nature as a means to achieve happiness and virtue. In 1762, he published his most influential work, "The Social Contract," where he develops his political theory on popular sovereignty and the need for a just and legitimate social contract between rulers and the ruled. This work had a profound impact on Western politics and philosophy, influencing revolutionary movements and the formation of modern democracies. Rousseau also excelled as a musician and composer, being the author of several operas and musical pieces. Throughout his life, he faced numerous controversies and conflicts with other philosophers of the time, such as Voltaire and Diderot, and experienced periods of exile and persecution due to the censorship of his ideas.

CONCEPT OF LAW

"The right is the limitation of everyone's freedom to the condition of its agreement with the freedom of all, as far as this agreement is possible according to a universal law."

biography

Immanuel Kant was born on April 22, 1724, in Königsberg, Prussia (now Kaliningrad, Russia). Kant is one of the most influential philosophers of the modern era and a prominent figure of the German Enlightenment. He grew up in a modest family and received a rigorous education at the local Pietist school. After graduating from the University of Königsberg, Kant worked as a private tutor for many years before obtaining a professorship at the university in 1770. His most influential work is "Critique of Pure Reason" (1781), where he introduces his famous transcendental idealism. In this work, Kant examines the limits and structure of human reason, arguing that our understanding of the world is determined both by our sensory experiences and by the innate categories of the mind. Kant also developed deontological ethics in his work "Groundwork of the Metaphysics of Morals" (1785), where he argues that morality is based on duty and reason, not on the consequences of our actions. In addition to his theoretical and ethical philosophy, Kant also wrote about aesthetics, politics, religion, and science. His work has had a profound influence across a wide range of fields, from philosophy to politics, psychology, and theology. Kant died on February 12, 1804, in Königsberg, but his philosophical legacy endures to this day, and his work continues to be studied and debated worldwide.

CONCEPT OF LAW

"The law is a fact, belonging to our present world; more precisely, it is a human construct, an instrument created by humans to achieve certain ends."

biography

Jeremy Bentham (1748-1832) was a British philosopher, jurist, and social reformer, considered one of the founding fathers of utilitarianism. He was born in London on February 15, 1748, into a family of lawyers. From an early age, he showed a keen mind and an interest in philosophy and law. Bentham studied at the University of Oxford, where he graduated in 1763, and later at Lincoln's Inn, where he was called to the bar in 1769. However, he was dissatisfied with the legal and social system of his time, which led him to dedicate his life to social and legal reform. He is primarily known for his ethical theory of utilitarianism, which posits that actions are right to the extent that they promote happiness or general well-being. According to Bentham, the aim of legislation and politics should be to maximize the happiness of the greatest number of people possible. Bentham was also a fervent advocate of individual liberty and human rights. He advocated for equal rights for all individuals, regardless of gender, race, or social class. Additionally, he promoted legal reforms, including the abolition of the death penalty, freedom of the press, and the separation of church and state. Throughout his life, Bentham wrote extensively on a wide range of topics, including politics, economics, morality, and law. His most influential works include "Introduction to the Principles of Morals and Legislation" and "The Panopticon," in which he proposed a design for a prison that would allow for constant surveillance of prisoners. Jeremy Bentham died on June 6, 1832, in London, leaving a lasting legacy in the field of moral and political philosophy. His influence extends to the present day, and his ideas continue to be debated and studied in various academic fields.

CONCEPT OF LAW

"The law is a system of rules that regulate human behavior in society. These rules are created by competent authorities and enforced through established legal institutions."

biography

Hans Kelsen was a prominent Austrian jurist and philosopher, born on October 11, 1881 in Prague, then part of the Austro-Hungarian Empire, and died on April 19, 1973 in Berkeley, California, United States. He is best known for his contribution to the field of law with his theory of legal positivism and for his development of the concept of the basic rule in the pure theory of law.Kelsen studied law at the University of Vienna and became a professor at the same institution in 1919. His most influential work, "Pure Theory of Law," published in 1934, proposed a way of understanding law that was stripped of political or moral considerations, focusing on the logical structure of the legal system. Throughout his life, Kelsen worked in several European countries and taught at various universities. However, his Jewish ancestry and his liberal ideas put him at odds with the authoritarian regimes of the time, especially Nazism in Germany and Fascism in Italy. As a result, he emigrated to the United States in 1940, where he taught at several universities, including the University of California at Berkeley. In addition to his contributions to law, Kelsen also dabbled in political philosophy and state theory, exploring such topics as the nature of political power and the legitimacy of the legal order. Hans Kelsen left a lasting legacy in the field of law and philosophy, influencing later generations of jurists and theorists. Although his ideas have been the subject of debate and criticism, his work remains a fundamental reference in the study of law and political theory.

CONCEPT OF LAW

"Rawls's concept of law is grounded in principles of justice that arise from a hypothetical situation of equality and rationality, where individuals choose the principles that will govern the society they will live in, ensuring that these rules are fair and equitable for all, with particular attention to the least advantaged."

biography

John Rawls was an eminent American political and moral philosopher, whose main work, "A Theory of Justice" (1971), had a significant impact on contemporary political philosophy. Born in Baltimore, Maryland, Rawls was educated at Princeton University, where he earned his bachelor's degree in arts in 1943. After serving in the United States army during World War II, he returned to Princeton for graduate studies in philosophy, culminating in a doctorate in 1950. Throughout his academic career, he taught at several universities, with a notable tenure at Harvard. His most influential work, "A Theory of Justice," published in 1971, presents the principle of justice as fairness, arguing that social and economic inequalities should be arranged to benefit the least advantaged members of society. Rawls also introduces the concept of the "veil of ignorance," proposing that people should decide on principles of justice without knowing their position in society . Although "A Theory of Justice" sparked widespread discussion and has been subject to various interpretations and criticisms, it solidified Rawls's position as a prominent figure in political philosophy. His work influenced areas such as social contract theory, ethics, and justice theory. Rawls continued to develop his ideas in later works such as "Political Liberalism" (1993) and "The Law of Peoples" (1999), addressing issues such as political pluralism and global justice. John Rawls's legacy endures as one of the most important political philosophers of the 20th century. His focus on justice as fairness and the veil of ignorance remains a subject of debate and analysis in academia and beyond. Rawls passed away in 2002, leaving a lasting impact on the field of political philosophy.

CONCEPT OF LAW

“The concept of law according to Michel Foucault focuses on its function as an instrument of power and social control, rather than as an expression of abstract justice. Foucault challenges traditional conceptions of law by examining how it intersects with power structures and influences the shaping of social and political relationships.”

biography

Michel Foucault was a French philosopher, historian of ideas, psychologist and social theorist. Born in Poitiers (France), Foucault developed a deep interest in philosophy and literature from an early age. He studied philosophy at the École Normale Supérieure in Paris, where he graduated in 1952.Throughout his life, Foucault produced a series of influential works that addressed a wide range of topics, including the history of madness, prison, sexuality, and power. His ideas challenged many traditional conceptions of history, morality, and knowledge. Foucault is known for focusing on power and how it is exercised through social institutions and cultural discourses. His most famous works include "History of Madness in Classical Times" (1961), "Surveillance and Punishment" (1975) and "The Will to Know" (1976), the first volume in his "History of Sexuality" series. Foucault also exerted considerable influence on the development of cultural and postmodern studies. Foucault lived much of his life in Paris, where he held academic positions at universities such as Clermont-Ferrand and Vincennes en Saint-Denis. In addition to his academic work, Foucault was a political activist and participated in social movements such as the LGBT rights movement and prisoners' rights. He died in 1984 at the age of 57 due to complications related to HIV/AIDS. Despite his untimely death, his work continues to be the subject of study and debate in various academic fields and intellectual disciplines. Foucault is considered one of the most influential philosophers of the 20th century.

CONCEPT OF LAW

"The law is a discursive construct that reflects and perpetuates structures of power and domination."

biography

Jacques Derrida was a French philosopher born on July 15, 1930 in Algeria and died on October 8, 2004 in Paris. He is best known for being the founder of the philosophical current known as deconstruction.Derrida studied philosophy at the École Normale Supérieure in Paris, where he graduated in 1956. He then continued his studies at Harvard University, where he was influenced by the structuralist philosophy of Ferdinand de Saussure and Claude Lévi-Strauss, as well as the phenomenology of Edmund Husserl and Martin Heidegger. Throughout his career, Derrida developed his own philosophical approach, deconstruction, which questions traditional assumptions about the relationship between language and reality. According to Derrida, language is inherently ambiguous and can never fully capture the meaning of what it is trying to communicate. This implies that texts and ideas always contain multiple interpretations and contradictory meanings. Derrida's deconstruction had a significant impact on various fields, such as philosophy, literary theory, cultural criticism and linguistics. His ideas influenced contemporary thinkers such as Michel Foucault, Gilles Deleuze and Judith Butler. Among his best-known works are "De grammatologia" (1967), "Writing and Difference" (1967), "Voice and Phenomenon" (1967) and "Spectres of Marx" (1993). Throughout his life, Derrida was the object of both admiration and criticism, and his work continues to be the subject of debate and study in contemporary philosophy.

CONCEPT OF LAW

"The law is a set of norms and legal provisions that, although traditionally considered as guarantees of protection and justice, can also be used by the sovereign power to exert control and domination over the population."

biography

Giorgio Agamben is an Italian philosopher born on April 22, 1942 in Rome. He is known for his contributions in fields such as political theory, philosophy of language, aesthetics and philosophy of law. Agamben is especially recognized for his elaboration of the concept of the "state of exception" and his analysis of the relationship between politics and life.After completing his law studies at the University of Rome, Agamben continued his philosophical training under the tutelage of thinkers such as Martin Heidegger and Michel Foucault. These intellectual encounters greatly influenced his later work. In his most influential work, "Homo Sacer: Sovereign Power and the Naked Life" (1995), Agamben explores the notion of "naked life" and how modern sovereign power exercises its authority over it. This concept becomes a common thread throughout his work, including texts such as "State of Exception" (2003) and "What Remains of Auschwitz" (1999), in which he reflects on the relationship between political power and genocide. In addition to his philosophical output, Agamben has dabbled in poetry and literary essays. His writing style is recognized for its conceptual depth and his ability to interweave philosophical theory with historical and political analysis. Throughout his career, Agamben has exerted considerable influence on contemporary thought, both in the academic and cultural spheres, and has been the subject of numerous studies and debates around the world. His work continues to be relevant for understanding the dynamics of power, biopolitics and the human condition in contemporary society.

CONCEPT OF LAW

"The law is not simply a set of objective and neutral rules, but is intrinsically linked to power relations, identity, and subjectivity."

biography

Judith Butler is an American philosopher and gender theorist born on February 24, 1956 in Cleveland, Ohio. She is one of the most influential figures in gender studies, queer theory and critical theory. Butler graduated from Yale University in 1978 with a B.A. in Philosophy and went on to earn a Ph.D. in Philosophy from Yale University in 1984. Her most influential work, "Gender in Dispute: Feminism and the Subversion of Identity," published in 1990, challenged binary and static conceptions of gender, arguing that it is a social and performative construct. This groundbreaking work influenced gender and sexuality studies by questioning the cultural norms that dictate what it means to be male or female. Butler has also explored issues of violence, politics and ethics in relation to gender identity and sexuality. Her ideas have influenced a wide range of disciplines, including philosophy, literary theory, cultural studies, psychoanalysis and sociology. In addition to her scholarly contributions, Butler is an activist figure committed to the rights of LGBTQ+ people and other marginalized groups. She has received numerous awards and recognitions for her work, including the prestigious Theodor W. Adorno Prize in 2012.

BOOKS

BIOGRAPHY

• Groundwork of the Metaphysics of Morals (1785)
• Critique of Practical Reason (1788)
• Metaphysics of Morals (1797)
• Perpetual Peace: A Philosophical Sketch(1795)

CONCEPT

BOOKS

biography

• Discipline and Punish: The Birth of the Prison (1975)
• The History of Sexuality, Volume 1: An Introduction (1976)
• Security,Territory, Population(1978)

• The Birth of Biopolitics (1978)

CONCEPT

BOOKS

BIOGRAPHY

• Pure Theory of Law (1934)
• General Theory of Law and State(1925)
• What is Justice?(1957)
• The Theory of Democracy(1920)

CONCEPT

BOOKS

BIOGRAPHY

• The Social Contract (1762)
• Discourse on the Origin and Basis of Inequality Among Men(1 755)
• Emile, or On Education (1762)
• Considerations on the Government of Poland (1772)

CONCEPT

BOOKS

biography

• Gender Trouble: Feminism and the Subversion of Identity(1990)
• Bodies That Matter: On the Discursive Limits of Sex (1993)
• Excitable Speech: A Politics of the Performative(1997)
• Precarious Life: The Powers of Mourning and Violence2004)

CONCEPT

BOOKS

BIOGRAPHY

• Leviathan (1651)
• De Cive (1642)
• Elements of Law, Natural and Politic (1640)
• "Behemoth: The History of the Causes of the Civil Wars of England" (1682)

CONCEPT

BOOKS

BIOGRAPHY

• Two Treatises of Government (1689)
• The Second Treatise of Civil Government(1689)
• A Letter Concerning Toleration (1689)
• Some Thoughts Concerning Education (1693)

CONCEPT

BOOKS

biography

• A Theory of Justice (1971)
• Political Liberalism(1993)

• Justice as Fairness: A Restatement(2001)
• The Law of Peoples (1999)

CONCEPT

BOOKS

biography

• Force of Law: The 'Mystical Foundation of Authority' (1990)
• Specters of Marx: The State of the Debt, the Work of Mourning, and the New International (1993)
• Politics of Friendship(1994)
• The Right to Philosophy (1990)

CONCEPT

BOOKS

BIOGRAPHY

• An Introduction to the Principles of Morals and Legislation (1789)
• A Fragment on Government" (1776)
• Principles of the Civil Code (1802-1843)
• Theory of Legislation (1802)

CONCEPT

BOOKS

biography

• Homo Sacer: Sovereign Power and Bare Life(1995)
• State of Exception(2003)
• The Sovereign Power and Bare Life"(1998)
• Remnants of Auschwitz: The Witness and the Archive (1999)

CONCEPT