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 better alternative.
Legal pragmatism, in particular, rejects the notion that the right decision can be deduced by some core principle. It favors a practical and contextual approach.
What is Pragmatism?
Pragmatism is a philosophy that was developed in the latter part of the nineteenth and early 20th centuries. It was the first North American philosophical movement. (It should be noted that some adherents of existentialism were also called "pragmatists") The pragmaticists, as with many other major philosophical movements throughout time were in part influenced by discontent with the conditions of the world as well as the past.
It is difficult to give the precise definition of pragmatism. One of the major characteristics that is often identified with pragmatism is that it focuses on results and the consequences. This is often contrasted with other philosophical traditions that take more of a theoretical approach to truth and
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Charles Sanders Peirce is credited with being the founder of pragmatism as it applies to philosophy. He argued that only what could be independently verified and verified through experiments was deemed to be real or true. Peirce also stressed that the only method of understanding something was to look at its impact on others.
John Dewey, an educator
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The pragmatists had a more loose definition of what constitutes truth. This was not meant to be a form of relativism, but an attempt to achieve greater clarity and a solidly-based settled belief. This was achieved by combining practical experience with logical reasoning.
This neo-pragmatic approach was later expanded by Putnam to be defined as internal realism. This was a possible alternative to correspondence theories of truth, which dispensed with the intention of attaining an external God's eye point of view while retaining truth's objectivity, albeit inside a description or theory. It was a more sophisticated version of the theories of Peirce and James.
What is Pragmatism's Theory of Decision-Making?
A legal pragmatist sees the law as a means to resolve problems and not as a set of rules. They reject a classical view of deductive certainty, and instead emphasizes the importance of context when making decisions. Legal pragmatists also contend that the idea of fundamental principles is a misguided idea as in general such principles will be outgrown by the actual application. A pragmatic view is superior to a traditional view of legal decision-making.
The pragmatist view is broad and has inspired numerous theories that include those of ethics, science, philosophy political theory, sociology and even politics. Although Charles Sanders Peirce deserves most of the credit for pragmatism, and his pragmatic principle - a guideline for defining the meaning of hypotheses through exploring their practical implications - is the foundation of the doctrine however, the scope of the doctrine has since expanded significantly to encompass a wide range of theories. The doctrine has grown to include a wide range of perspectives and beliefs, including the notion that a philosophy theory only true if it is useful, and that knowledge is more than just a representation of the world.
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It is still difficult 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, which relies heavily on precedents and conventional legal documents. However, a legal pragmatist may consider that this model doesn't adequately reflect the real-time the judicial decision-making process. It is more appropriate to think of a pragmatist approach to law as an normative model that serves as a guideline on how law should evolve and be taken into account.
What is the Pragmatism Theory of Conflict Resolution?
Pragmatism is an ancient philosophical tradition that posits the world's knowledge and agency as being integral. It has been interpreted in a variety of different ways, usually in opposition to one another. It is sometimes seen as a reaction against analytic philosophy, while at other times, it is seen as an alternative to continental thinking. It is a rapidly growing tradition.
The pragmatists sought to emphasize the importance of experience and individual consciousness in the formation of beliefs. They also wanted to overcome what they saw as the flaws in a flawed philosophical heritage which had altered the work of earlier philosophers. These mistakes included Cartesianism and Nominalism, as well as a misunderstanding of the role of human reasoning.
All pragmatists are skeptical of non-tested and untested images of reason. They are therefore skeptical of any argument which claims that "it works" or "we have always done it this way' is valid. These statements could be interpreted as being too legalistic, uninformed rationalism and uncritical of practices of the past by the legal pragmatic.
Contrary to the conventional notion of law as an unwritten set of rules, the pragmatist stresses the importance of context when making legal decisions. They will also recognize that there are multiple ways of describing the law and that this variety is to be respected. This stance, called perspectivalism, may make the legal pragmatist appear less tolerant to precedent and previously accepted analogies.
The view of the legal pragmatist recognizes that judges do not have access to a core set of principles from which they could make well-considered decisions in all instances. The pragmatist will therefore be keen to emphasize the importance of knowing the facts before making a decision, and to be prepared to alter or rescind a law when it is found to be ineffective.
Although there isn't an accepted definition of what a legal pragmatist should look like There are a few characteristics that define this stance of philosophy. They include a focus on context and the rejection of any attempt to draw law from abstract principles that are not tested directly in a specific case. Furthermore, the pragmatist will recognise that the law is continuously changing and there will be no single correct picture of it.
What is Pragmatism's Theory of Justice?
As a judicial theory, legal pragmatism has been lauded as a method to effect social change. But it has also been criticized for being an attempt to avoid legitimate philosophical and moral disputes, by relegating them to the arena of legal decision-making. The pragmatic is not interested in relegating philosophical debates to the realm of law. Instead, he adopts an open-ended and pragmatic approach, and acknowledges that perspectives will always be inevitable.