Pragmatism and the Illegal
Pragmatism is both a descriptive and normative theory. As a description theory it asserts that the traditional view of jurisprudence may not be correct and that legal pragmatics is a better option.
Legal pragmatism in particular, rejects the notion that correct decisions can be determined by a core principle. It advocates a pragmatic, context-based approach.
What is Pragmatism?
The pragmatism philosophy emerged in the latter part of the 19th and the early 20th centuries. It was the first fully North American philosophical movement (though it should be noted that there were a few followers of the existentialism movement that was developing at the time who were also known as "pragmatists"). The pragmaticists, as with many other major philosophical movements throughout time, were partly inspired by discontent over the conditions of the world as well as the past.
In terms of what pragmatism actually is, it's difficult to establish a precise definition. Pragmatism is often focused on results and outcomes. This is frequently contrasted with other philosophical traditions that have an a more theoretical approach to truth and knowing.
Charles Sanders Peirce has been acknowledged as the father of the concept of pragmatism in philosophy. He believed that only what can be independently verified and proved through practical experiments is real or true. Peirce also stated that the only real method to comprehend something was to look at its impact on others.
Another of the pragmatists who founded the movement was John Dewey (1859-1952), who was a teacher and a philosopher. He developed an approach that was more holistic to pragmatism. This included connections to education, society, and art as well as politics. He was influenced by Peirce and also took inspiration from the German idealist philosophers Wilhelm von Humboldt and Friedrich Hegel.
The pragmatists had a more loose definition of what is truth. This was not intended to be a position of relativity,
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Putnam developed this neopragmatic view to be described more broadly as internal realism. This was an alternative to correspondence theory of truth, that did not attempt to attain an external God's-eye point of view but retained the objectivity of truth within a description or theory. It was similar to the theories of Peirce, James, and Dewey, but with more sophisticated formulation.
What is Pragmatism's Theory of Decision-Making?
A legal pragmatist regards law as a way to solve problems, not as a set rules. They reject a classical view of deductive certainty, and instead emphasizes context in decision-making. Moreover, legal pragmatists argue that the idea of foundational principles is not a good idea since generally the principles that are based on them will be discarded by the practical experience. A pragmatic approach is superior to a classical view of legal decision-making.
The pragmatist perspective is broad and has spawned numerous theories that include those of philosophy, science, ethics, sociology, political theory and even politics. Although Charles Sanders Peirce deserves most of the credit for pragmatism and his pragmatism-based maxim that clarifies the meaning of hypotheses through the practical consequences they have - is the foundation of the doctrine, the concept has since expanded significantly to encompass a variety of views. These include the view that the philosophical theory is valid only if it has useful effects, the notion that knowledge is primarily a process of transacting with, not a representation of nature, and the notion that articulate language rests on the foundation of shared practices that can't be fully made explicit.
Although the pragmatics have contributed to a variety of areas of philosophy, they are not without their critics. The the pragmatists' refusal to accept a priori propositional knowledge has led to an influential and effective critique of traditional analytical philosophy, which has expanded beyond philosophy into a myriad of social disciplines, including jurisprudence and political science.
It isn't easy to categorize the pragmatist approach to law as a description theory. Judges tend to make decisions that are based on a logical and empirical framework that relies heavily on precedents and other traditional legal documents. A legal pragmatist might argue that this model doesn't capture the true dynamic of judicial decisions. Thus, it's more sensible to consider a pragmatist view of law as an normative theory that can provide an outline of how law should be interpreted and developed.
What is Pragmatism's Theory of Conflict Resolution?
Pragmatism is a philosophical tradition that understands the world's knowledge as inseparable from the agency within it. It has been interpreted in a variety of different ways, and often at odds with each other. It is sometimes viewed as a response to analytic philosophy whereas at other times, it is regarded as a counter-point to continental thinking. It is an emerging tradition that is and evolving.
The pragmatists were keen to emphasise the value of experience and the importance of the individual's own mind in the formation of beliefs. They also wanted to correct what they considered to be the errors of an outdated philosophical heritage that had affected the work of earlier thinkers. These errors included Cartesianism and Nominalism, and an ignorance of the importance of human reasoning.
All pragmatists reject non-tested and untested images of reasoning. They will therefore be skeptical of any argument that asserts that 'it works' or 'we have always done it this way' are legitimate. These assertions could be seen as being too legalistic, uninformed rationality and uncritical of the previous practices by the legal pragmatic.
Contrary to the traditional view of law as a set of deductivist rules the pragmaticist emphasizes the importance of context when making legal decisions. It will also acknowledge the possibility of a variety of ways to define law, and that the various interpretations should be respected. This stance, called perspectivalism, may make the legal pragmatist appear less tolerant toward precedent and prior endorsed analogies.
One of the most important aspects of the legal pragmatist viewpoint is that it recognizes that judges do not have access to a set of core rules from which they can make logically argued decisions in every case. The pragmatist will therefore be keen to emphasize the importance of understanding the case before deciding and to be prepared to alter or even omit a rule of law when it proves unworkable.
There is no universally agreed picture of a legal pragmaticist however certain traits tend to characterise the philosophical position. This includes an emphasis on context, and a rejection of any attempt to draw laws from abstract concepts that aren't tested in specific cases. The pragmaticist also recognizes that law is constantly changing and there can't be only one correct view.
What is the Pragmatism Theory of Justice?
As a judicial theory, legal pragmatism has been lauded as a method to effect social change. However, it has also been criticized for being an attempt to avoid legitimate philosophical and moral disputes, by placing them in the realm of legal decision-making. The pragmatic is not interested in relegating the philosophical debate to the legal realm. Instead, he takes a pragmatic and
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Most legal pragmatists reject an idea of a foundationalist model of legal decision-making and rely upon traditional legal sources to establish the basis for judging present cases. They believe that the cases themselves are not sufficient to provide a solid base for properly analyzing legal conclusions. Therefore, they need to supplement the case with other sources, such as analogies or principles that are derived from precedent.
The legal pragmatist also rejects the idea that correct decisions can be derived from some overarching set of fundamental principles in the belief that such a scenario makes judges too easy to rest their decisions on predetermined "rules." Instead she advocates a system that recognizes the irresistible influence of the context.
In light of the skepticism and anti-realism that characterize the neo-pragmatists, many have taken a more deflationist approach to the notion of truth. They have tended to argue that by focussing on the way in which the concept is used, describing its purpose and setting standards that can be used to establish that a certain concept serves this purpose that this is the standard that philosophers can reasonably expect from the truth theory.
Certain pragmatists have taken on an expansive view of truth, referring to it as an objective norm for inquiries and assertions. This perspective combines elements from the pragmatist tradition with classical realist and Idealist philosophies. It is also in line with the larger pragmatic tradition, which sees truth as a definite standard for assertion and inquiry and not just a standard of justification or warranted affirmability (or its derivatives). This more holistic concept of truth is known as an "instrumental" theory of truth because it seeks to define truth purely in terms of the aims and values that determine an individual's interaction with the world.
