Pragmatism and the Illegal
Pragmatism is both a descriptive and normative theory. As a descriptive theory it affirms that the conventional image of jurisprudence is not correspond to reality and that legal pragmatism provides a more realistic alternative.
Particularly the area of legal pragmatism, it rejects the idea that correct decisions can be deduced from a fundamental principle or principles. It argues for a pragmatic and contextual approach.
What is Pragmatism?
Pragmatism is a philosophy that was developed in the latter part of the nineteenth and early twentieth centuries. It was the first North American philosophical movement. (It is worth noting however that some adherents of existentialism were also referred to as "pragmatists") The pragmaticists, as with many other major philosophical movements throughout history,
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In terms of what pragmatism actually means, it is difficult to pinpoint a concrete definition. Pragmatism is usually associated with its focus on outcomes and results. This is often in contrast with other philosophical traditions that take an a more theoretical view of truth and knowledge.
Charles Sanders Peirce has been credited as the founder of pragmatism in philosophy. He argued that only what could be independently tested and proven through practical experiments was considered real or real. Peirce also stressed that the only method to comprehend something was to examine its effects on others.
John Dewey, an educator and philosopher who lived from 1859 until 1952, was another founder pragmatist. He developed an approach that was more holistic to pragmatism. This included connections with education, society, and art and politics. He was greatly influenced by Peirce and
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The pragmatists had a looser definition of what was truth. It was not intended to be a realism position, but rather an attempt to achieve a greater degree of clarity and solidly established beliefs. This was achieved by the combination of practical knowledge and solid reasoning.
This neo-pragmatic approach was later expanded by Putnam to be defined as internal realism. This was an alternative to correspondence theories of truth, which dispensed with the aim of attaining an external God's-eye perspective, while maintaining the objective nature of truth, although within the framework of a theory or description. It was similar to the ideas of Peirce James, and Dewey however, it was a more sophisticated formulation.
What is Pragmatism's Theory of Decision-Making?
A legal pragmatist regards law as a way to resolve problems and not as a set of rules. Thus, he or she dismisses the conventional notion of deductive certainty and emphasizes the importance of context in making decisions. Legal pragmatists also contend that the idea of fundamental principles is a misguided idea since, in general, these principles will be discarded by the actual application. A pragmatist view is superior to a classical view of legal decision-making.
The pragmatist view is broad and has given birth to a myriad of theories in philosophy, ethics and sociology, science, and political theory. Although Charles Sanders Peirce deserves most of the credit for pragmatism and his pragmatism-based maxim that clarifies the meaning of hypotheses through exploring their practical implications is the core of the doctrine but the concept has since been expanded to encompass a variety of perspectives. This includes the notion that the truth of a philosophical theory is only if it has useful effects, the notion that knowledge is mostly a transaction with rather than a representation of nature, and the idea that language articulated is a deep bed of shared practices that cannot be fully made explicit.
The pragmatists have their fair share of critics in spite of their contributions to many areas of philosophy. The pragmatists' rejection of the concept of a priori propositional knowledge has resulted in a powerful and influential critique of analytical philosophy. This critique has spread across the entire field of philosophy to various social disciplines like jurisprudence, political science and a variety of other social sciences.
However, it is difficult to classify a pragmatist legal theory as a descriptive theory. Judges tend to make decisions based on a logical-empirical framework, which is heavily based on precedents and traditional legal documents. A legal pragmatist, may claim that this model doesn't reflect the real-time dynamics of judicial decisions. It is more logical to think of a pragmatist approach to law as a normative model that provides guidelines on how law should evolve and be interpreted.
What is Pragmatism's Theory of Conflict Resolution?
Pragmatism is a philosophical tradition that sees the world's knowledge as inseparable from agency within it. It is interpreted in many different ways, usually at odds with each other. It is sometimes seen as a reaction against analytic philosophy, whereas at other times it is regarded as an alternative to continental thinking. It is a tradition that is growing and developing.
The pragmatists wanted to emphasize the importance of experience and the importance of the individual's own mind in the development of beliefs. They also sought to rectify what they perceived as the flaws of a flawed philosophical heritage which had distorted the work of earlier philosophers. These mistakes included Cartesianism Nominalism, and a misunderstood of the importance of human reason.
All pragmatists are skeptical of non-experimental and unquestioned images of reason. They are skeptical of any argument that claims that "it works" or "we have always done things this way" are valid. For the lawyer, these statements could be interpreted as being overly legalistic, uninformed and insensitive to the past practice.
In contrast to the classical notion of law as a set of deductivist principles, the pragmaticist will stress the importance of the context of legal decision-making. It will also recognize the fact that there are many ways to describe law and that these variations should be respected. This approach, referred to as perspectivalism, may make the legal pragmatist appear less respectful towards precedent and previously endorsed analogies.
A major aspect of the legal pragmatist perspective is its recognition that judges have no access to a set or principles from which they can make well-argued decisions in every case. The pragmatist will therefore be keen to stress the importance of understanding the situation before making a decision, and to be willing to change or abandon a legal rule in the event that it proves to be unworkable.
There is no universally agreed definition of a legal pragmaticist, but certain characteristics are characteristic of the philosophical position. They include a focus on context and the rejection of any attempt to derive laws from abstract concepts that are not directly tested in a specific instance. The pragmatic also recognizes that the law is always changing and there isn't one correct interpretation.
What is Pragmatism's Theory of Justice?
Legal Pragmatism as a philosophy of justice has been lauded for its ability to bring about social changes. However, it has also been criticized for being a way of sidestepping legitimate moral and philosophical disputes and delegating them to the realm of legal decision-making. The pragmatic is not interested in relegating philosophical debate to the realm of the law.