Pragmatism and the Illegal
Pragmatism can be described as a descriptive and normative theory. As a description theory it asserts that the traditional conception of jurisprudence isn't true and that a legal pragmatics is a better option.
Particularly, legal pragmatism rejects the notion that right decisions can be determined from some core principle or principle. It argues for a pragmatic, context-based approach.
What is Pragmatism?
The philosophy of pragmatism emerged in the latter half of 19th and early 20th centuries. It was the first North American philosophical movement. (It must be noted that some existentialism followers were also known as "pragmatists") The pragmaticists, like many other major philosophical movements throughout history, were partly inspired by dissatisfaction over the state of the world and the past.
In terms of what pragmatism really means, it is difficult to establish a precise definition. Pragmatism is often focused on results and outcomes. This is often in contrast to other philosophical traditions that have an a more theoretical approach to truth and knowing.
Charles Sanders Peirce is credited as the spokesman for
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John Dewey, an educator and philosopher who lived from 1859 to 1952, was also a founder pragmatist. He developed a more holistic approach to pragmatism that included connections with education, society, and art, as well as politics. He was influenced by Peirce and also by the German idealists Wilhelm von Humboldt und Friedrich Hegel.
The pragmatists had a more loose definition of what is truth. It was not intended to be a position of relativity however, rather a way to attain a higher degree of clarity and solidly settled beliefs. This was accomplished by combining practical knowledge with sound reasoning.
This neo-pragmatic approach was later expanded by Putnam to be defined as internal Realism. This was a different approach to correspondence theories of truth that dispensed with the intention of attaining an external God's-eye perspective, while maintaining the objectivity of truth, but within a description or theory. It was similar to the ideas of Peirce James and Dewey however, it was more sophisticated formulation.
What is Pragmatism's Theory of Decision-Making?
A legal pragmatist views law as a way to resolve problems rather than a set of rules. Therefore, he does not believe in the traditional notion of deductive certainty and focuses on context as a crucial element in making decisions. Legal pragmatists also argue that the idea of fundamental principles is a misguided notion since generally, any such principles would be devalued by practical experience. A pragmatist view is superior to a classical conception of legal decision-making.
The pragmatist perspective is broad and has spawned various theories that include those of ethics, science, philosophy, sociology, political theory,
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The pragmatists have their fair share of critics even though they have contributed to a variety of areas of philosophy. The pragmatists' rejection of the concept of a priori propositional knowledge has resulted in a powerful, influential critique of analytical philosophy. This critique has reverberated far beyond philosophy into various social disciplines like political science, jurisprudence and a variety of other social sciences.
However, it's difficult to classify a pragmatist conception of law as a descriptive theory. Most judges make their decisions that are based on a logical and empirical framework, which relies heavily on precedents and traditional legal materials. However an attorney pragmatist could be able to argue that this model doesn't accurately reflect the actual the judicial decision-making process. Consequently, it seems more appropriate to view a pragmatist view of law as an normative theory that can provide guidelines for how law should be developed and interpreted.
What is Pragmatism's Theory of Conflict Resolution?
Pragmatism is a philosophy that views the knowledge of the world as inseparable from the agency within it. It has drawn a wide and sometimes contradictory variety of interpretations. It is often seen as a response to analytic philosophy, whereas at other times it is considered an alternative to continental thinking. It is a thriving and developing tradition.
The pragmatists wanted to insist on the importance of experience and individual consciousness in forming beliefs. They also wanted to correct what they considered to be the mistakes of an outdated philosophical heritage that had affected the work of earlier thinkers. These mistakes included Cartesianism and Nominalism, as well as an inadequacy of the role of human reasoning.
All pragmatists reject untested and non-experimental images of reasoning. They are also wary of any argument which claims that 'it works' or 'we have always done it this way' is valid. These assertions could be seen as being too legalistic, uninformed rationalist, and not critical of the past practice by the legal pragmatic.
In contrast to the conventional idea of law as a system of deductivist principles, the pragmatist will emphasise the importance of the context of legal decision-making. It will also acknowledge that there are many ways of describing law and that this diversity should be respected. This stance, called perspectivalism, could make the legal pragmatist appear less respectful towards precedent and previously endorsed analogies.
A key feature of the legal pragmatist perspective is that it recognizes that judges have no access to a set or rules from which they can make logically argued decisions in every case. The pragmatist is therefore keen to stress the importance of knowing the facts before making a final decision and is prepared to alter a law if it is not working.
There is no universally agreed picture of a legal pragmaticist however, certain traits tend to characterise the philosophical approach. These include an emphasis on context and a rejection of any attempt to deduce laws from abstract concepts that are not tested directly in a specific instance. Furthermore, the pragmatist will recognise that the law is constantly changing and that there can be no one correct interpretation of it.
What is Pragmatism's Theory of Justice?
As a theory of judicial procedure, legal pragmatism has been lauded as a way of bringing about social changes. However, it is also criticized as an approach to avoiding legitimate philosophical and moral disagreements, by delegating them to the realm of legal decision-making. The pragmatist, however, is not interested in relegating philosophical debate to the realm of the law, but instead adopts an approach that is pragmatic to these disagreements, which emphasizes the importance of contextual sensitivity, of an open-ended approach to knowledge and the acceptance that perspectives are inevitable.
Most legal pragmatists reject the idea of a foundationalist approach to legal decision-making, and instead, rely on conventional legal material to judge current cases. They take the view that cases are not necessarily sufficient for providing a firm enough foundation for analyzing properly legal conclusions. They therefore need to be supplemented with other sources, such as previously recognized analogies or principles from precedent.
The legal pragmatist rejects the notion of a set of overarching fundamental principles that can be used to make correct decisions. She believes that this would make it simpler for judges, who could base their decisions on rules that have been established in order to make their decisions.
In light of the doubt and realism that characterize Neo-pragmatism, a lot of legal pragmatists have adopted a more deflationist position toward the notion of truth. By focusing on the way a concept is used and describing its purpose,
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Other pragmatists have adopted a more broad view of truth, which they have called an objective norm for assertion and inquiry. This view combines elements of pragmatism and classical realist and Idealist philosophical theories. It is also in line with the larger pragmatic tradition, which regards truth as an objective standard of assertion and inquiry, and not merely a standard for justification or warranted affirmability (or its derivatives). This more holistic conception of truth is referred to as an "instrumental" theory of truth, as it seeks to define truth purely by the goals and values that govern a person's engagement with the world.
