Convincing Features
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Question 1
Postmodernism re–opens and unsettles the legal concepts which had been previously thought to be stable and certain. With reference to decided cases and the theories of any TWO (2) schools of thought related to postmodernism, discuss how such theories may be useful and relevant to re–open and reinterpret some legal problems in Malaysia.
Arnorld Toynbee first used the term “postmodernism” in the final quarter of the 19th century, as Western civilization was beginning to fall apart. Toynbee was a product of the late 19th century, believing in an all–encompassing history of humanity in which secularity is viewed as a digression in what is fundamentally a circular narrative structure. The postmodernism represents a break from modernism in the arts, architecture, criticism, and intellectua tendencies in the postmodern condition. The phrase has been used more broadly to refer to what postmodernists consider to be the tendencies of the historical era that came after modernity.
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Postmodernism is a response to Jürgen Habermas’ legitimation crisis. The phrase “legitimation crisis” was first used by Jürgen Habermas in his book Crises Tendencies in Advanced Capitalism. It is the outcome of opposition to Marxist Capitalism theory, which was criticised for failing in the formerly known Soviet Union. A legitimation crisis is an identity crisis brought on by a decline in trust in administrative institutions, even though these institutions still have the legal right to rule and make every effort to serve their needs and interests. In a crisis of legitimacy, governing structures are unable to show that their actual operations serve the purpose for which they were established.
Based on the term itself, it is understandable that legitimation crisis is the crisis in obtaining approval or being legitimized by the subject of the law. For example, the State government to obtain approval from its people. Habermas realized that as differ from traditional premise, modernism is legitimized through religious and cultural belief, which the people think and believe the best for their interest. As time goes, postmodernism can only be legitimized through the society and public acceptance. Hence, the government must actively engage with the society and constantly reevaluate the aspects of political, social and especially economic aspects. In simpler sense, the government must execute their functions based on what the society demand as a whole, in order to prevent them from losing their support and confidence.
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