Was bleibt? Recht und Postmoderne

Postmodern legal thought shows in uncontradictable clarity that language cannot transcend itself which is to say that terms like the meaning of legal texts, the purpose of statutes or the legal principles are not available to provide criteria for the soundness of judicial decisions. This essay deals with the relevance of this postmodern concept of language and cognition for modern law and its indispensable claim to be based on sound reasoning. The author maintains that law is grounded in a historical vocabulary, that is as contingent as the contents and arguments it transports. There is no need for skepticism, though. Legal discourse controls itself. Without objective criteria in legal reasoning hard cases can be substantially discussed in the context of modern societies with their commitment to the principles of enlightment and humanity.