Legal Postmodernism: Between Formalism and the Flexibility of Law
Legal Postmodernism: Between Formalism and the Flexibility of Law
Author(s): Anatolijs Krivins, Bagus HermantoSubject(s): Constitutional Law, International Law, Law and Transitional Justice
Published by: ADJURIS – International Academic Publisher
Keywords: legal postmodernity; legal formalism; tradition; freedom; dynamism;
Summary/Abstract: This study examines the phenomenon of legal postmodernism and its impact on the transformation of legal systems in an international, global context. The purpose of the article is to analyze the practical problems of legal postmodernism and legal formalism. In the context of increasing legal pluralism and cultural diversity, postmodern approaches are becoming increasingly popular in the legal systems of various countries. The methodological framework includes comparative legal analysis, philosophical and legal reflection, and hermeneutic and systemic methods, which allowed us to identify universal and regionally specific aspects. The identified oppositions of "Tradition vs. Dynamism" and "Formalism vs.Informality" demonstrate a global shift: a rejection of universalistic legal models in favor of flexibility and adaptability. This is of key importance for international legal dialogue, as it stimulates a rethinking of legal norms, taking into account the cultural, social, and historical characteristics of different countries and legal systems.
Journal: Juridical Tribune - Review of Comparative and International Law
- Issue Year: 15/2025
- Issue No: 4
- Page Range: 649-662
- Page Count: 14
- Language: English
