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Pragmatism and the Illegal
Pragmatism is a normative and descriptive theory. As a description theory it asserts that the traditional view of jurisprudence is not true and that a legal pragmatics is a better option.
Particularly legal pragmatism eschews the idea that correct decisions can be derived from some core principle or set of principles. Instead it advocates a practical approach based on context, and the process of experimentation.
What is Pragmatism?
The pragmatism philosophy emerged in the latter part of the 19th and the early 20th centuries. It was the first North American philosophical movement. (It is worth noting, however, that some adherents of existentialism were also called "pragmatists") Like many other major movements in the history of philosophy the pragmaticists were influenced by a discontent with the current state of affairs in the present and the past.
In terms of what pragmatism really means, it is difficult to pinpoint a concrete definition. Pragmatism is often focused on outcomes and results. This is often in contrast with other philosophical traditions that take more of a theoretical approach to truth and knowledge.
Charles Sanders Peirce has been acknowledged as the father of pragmatism in philosophy. Peirce believed that only what could be independently verified and verified through tests was believed to be authentic. Peirce also stated that the only true method to comprehend something was to examine its effects on others.
Another of the pragmatists who founded the movement was John Dewey (1859-1952), who was a teacher as well as a philosopher. He developed a more holistic approach to pragmatism that included connections with society, education and art and politics. He was inspired by Peirce and also drew inspiration from the German idealist philosophers Wilhelm von Humboldt and Friedrich Hegel.
The pragmatics also had a more loosely defined approach to what constitutes the truth. It was not intended to be a realism position but rather an attempt to attain a higher degree of clarity and firmly justified accepted beliefs. This was achieved through an amalgamation of practical experience and solid reasoning.
The neo-pragmatic method was later expanded by Putnam to be defined as internal realists. This was a different approach to the theory of correspondence, which did not aim to achieve an external God's-eye perspective, but instead maintained the objectivity of truth within a description or theory. It was a similar approach to the ideas of Peirce, James, and Dewey however, it was more sophisticated formulation.
What is the Pragmatism Theory of Decision-Making?
A pragmatist who is a lawyer sees law as a resolving process, not a set of predetermined rules. He or she does not believe in the classical notion of deductive certainty, and instead emphasizes context in decision-making. Moreover, legal pragmatists argue that the notion of foundational principles is misguided because, as a general rule they believe that any of these principles will be outgrown by application. A pragmatist view is superior to a classical approach to legal decision-making.
The pragmatist outlook is very broad and has given birth to a variety of theories in ethics, philosophy and sociology, science, and political theory. Charles Sanders Peirce is credited with having the greatest pragmatism. His pragmatic maxim is a principle that clarifies the meaning of hypotheses by examining their practical implications, is its core. However the scope of the doctrine has expanded significantly over the years, encompassing many different perspectives. The doctrine has expanded to include a wide range of views which include the belief that a philosophy theory only valid if it is useful and that knowledge is more than an abstract representation of the world.
While the pragmatics have contributed to many areas of philosophy, they aren't without their critics. The the pragmatists' refusal to accept a priori propositional knowledge has given rise to a powerful and influential critique of traditional analytical philosophy that has expanded beyond philosophy into a myriad of social disciplines, including jurisprudence and political science.
It isn't easy to classify the pragmatist view to law as a description theory. Most judges make decisions using a logical-empirical framework that relies heavily on precedents and conventional legal materials. A legal pragmatist, however might claim that this model does not capture the true dynamics of judicial decisions. Thus, it's more appropriate to view a pragmatist view of law as a normative theory that offers guidelines for how law should be developed and interpreted.
What is Pragmatism's Theory of Conflict Resolution?
Pragmatism is a philosophic tradition that posits the world's knowledge and agency as inseparable. It has attracted a broad and sometimes contradictory variety of interpretations. It is often regarded as a response to analytic philosophy whereas at other times, it is viewed as a counter-point to continental thinking. It is a rapidly growing tradition.
The pragmatists were keen to emphasize the importance of experience and the importance of the individual's consciousness in the formation of belief. They also wanted to correct what they perceived as the errors of a flawed philosophical tradition that had affected the work of earlier thinkers. These errors included Cartesianism, Nominalism and a misunderstanding of the importance of human reason.
All pragmatists are suspicious of non-experimental and unquestioned images of reason. They are also skeptical of any argument which claims that 'it works' or 'we have always done this way' are legitimate. These assertions could be seen as being too legalistic, naive rationalism and uncritical of past practice by the legal pragmatic.
Contrary to the conventional view of law as an unwritten set of 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 these different interpretations must be respected. This perspective, referred to as perspectivalism, may make the legal pragmatic appear less reliant to precedent and previously accepted analogies.
Highly recommended Internet site of the legal pragmatist acknowledges that judges don't have access to a core set of rules from which they can make well-considered decisions in all instances. The pragmatist will therefore be keen to stress the importance of knowing the facts before making a final decision, and is prepared to modify a legal rule in the event that it isn't working.
While there is no one agreed picture of what a legal pragmatist should look like There are a few characteristics that define this stance of philosophy. This includes a focus on context, and a rejection of any attempt to derive law from abstract principles which are not directly tested in a specific case. Furthermore, the pragmatist will realize that the law is continuously changing and that there can be no one right picture of it.
What is Pragmatism's Theory of Justice?
As a judicial theory legal pragmatics has been praised as a means to bring about social change. However, it has also been criticized for being an attempt to avoid legitimate moral and philosophical disputes, by relegating them to the arena of legal decision-making. The pragmatist, however, does not want to confine philosophical debate to the realm of the law, but instead adopts an approach that is pragmatic in these disputes that emphasizes the importance of contextual sensitivity, of an open-ended approach to knowledge and the willingness to accept that perspectives are inevitable.
The majority of legal pragmatists do not believe in the foundationalist view of legal decision-making, and rely on traditional legal documents to provide the basis for judging current cases. They believe that the case law alone are not enough to provide a solid foundation for properly analyzing legal conclusions. Therefore, they must add additional sources, such as analogies or principles drawn from precedent.
The legal pragmatist likewise rejects the notion that right decisions can be derived from an overarching set of fundamental principles in the belief that such a view makes judges too easy to rest their decisions on predetermined "rules." Instead, she advocates an approach that recognizes the inexorable influence of the context.
Many legal pragmatists, due to the skepticism characteristic of neopragmatism, and the anti-realism it represents they have adopted an even more deflationist approach to the concept of truth. By focusing on how concepts are used and describing its purpose, and establishing criteria for recognizing the concept's purpose, they have generally argued that this may be the only thing philosophers can expect from the theory of truth.
Other pragmatists, however, have taken a much broader approach to truth, which they have called an objective standard for assertion and inquiry. This perspective combines elements from pragmatism, classical realist, and Idealist philosophies. It is also in line with the wider pragmatic tradition, which regards truth as an objective standard for assertion and inquiry, and not merely a standard for justification or warranted affirmability (or its derivatives). This holistic view of truth has been called an "instrumental theory of truth" since it seeks to define truth by the goals and values that guide an individual's involvement with reality.