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Pragmatism and the Illegal
Pragmatism is both a descriptive and normative theory. As a description theory it argues that the classical conception of jurisprudence isn't correct and that legal pragmatism is a better alternative.
In particular legal pragmatism eschews the idea that correct decisions can be determined from some core principle or principles. It advocates a pragmatic approach that is based on context.
What is Pragmatism?
The philosophy of pragmatism was born in the latter part of the 19th and the early 20th century. It was the first truly North American philosophical movement (though it is worth noting that there were followers of the later-developing existentialism who were also known as "pragmatists"). Like several other major movements in the history of philosophy the pragmaticists were motivated by discontent with the current state of affairs in the present and the past.
In terms of what pragmatism actually means, it is a challenge to pinpoint a concrete definition. One of the main features that is often identified with pragmatism is that it focuses on results and their consequences. 프라그마틱 플레이 is frequently contrasted with other philosophical traditions that take an a more theoretical approach to truth and knowing.
Charles Sanders Peirce is credited with being the founder of pragmatism as it applies to philosophy. He believed that only what could be independently tested and proved through practical experiments was considered real or real. Additionally, Peirce emphasized that the only way to make sense of something was to study its effects on other things.
Another founding pragmatist was John Dewey (1859-1952), who was a teacher and a philosopher. He developed an approach that was more holistic to pragmatism, which included connections with art, education, society as well as politics. He was influenced both by Peirce, and the German idealists Wilhelm von Humboldt und Friedrich Hegel.
The pragmatists had a looser definition of what is truth. This was not meant to be a relativist position but rather an attempt to achieve a greater degree of clarity and solidly settled beliefs. This was achieved by combining practical experience with solid reasoning.
The neo-pragmatic method was later expanded by Putnam to be more broadly defined as internal realism. This was a variant of correspondence theory of truth, which did not aim to achieve an external God's-eye viewpoint, but maintained the objective nature of truth within a theory or description. It was a similar idea to the ideas of Peirce James and Dewey however, it was a more sophisticated formulation.
What is Pragmatism's Theory of Decision-Making?
A pragmatist who is a lawyer sees law as a problem-solving activity and not a set of predetermined rules. He or she does not believe in a classical view of deductive certainty and instead focuses on the role of context in decision-making. Legal pragmatists also argue that the idea of foundational principles are misguided, because in general, these principles will be discarded by actual practice. A pragmatic approach is superior to a traditional view of legal decision-making.
The pragmatist view is broad and has led to many different theories in ethics, philosophy, science, sociology, and political theory. While Charles Sanders Peirce deserves most of the credit for pragmatism and his pragmatic maxim - a rule for clarifying the meaning of hypotheses by exploring their practical implications is the core of the doctrine, the application of the doctrine has expanded to encompass a variety of views. The doctrine has grown to encompass a broad range of views, including the belief that a philosophy theory only valid if it is useful and that knowledge is more than just a representation of the world.
The pragmatists are not without critics, in spite of their contributions to many areas of philosophy. The the pragmatists' refusal to accept the notion of a priori knowledge has led to an influential and powerful critique of traditional analytical philosophy, which has spread beyond philosophy to a range of social disciplines, such as the fields of jurisprudence and political science.
It isn't easy to categorize the pragmatist approach to law as a description theory. Most judges make decisions using a logical-empirical framework, which relies heavily on precedents and traditional legal materials. A legal pragmatist, may claim that this model doesn't reflect the real-time nature of the judicial process. It is more logical to think of a pragmatist approach to law as an normative model that serves as guidelines on how law should evolve and be applied.
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 has attracted a broad 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 thought. It is an emerging tradition that is and growing.
The pragmatists were keen to emphasise the value of experience and the importance of the individual's own mind in the development of beliefs. They also sought to overcome what they saw as the flaws of a flawed philosophical heritage which had distorted the work of earlier philosophers. These errors included Cartesianism, Nominalism, and a misunderstood view of the role of human reason.
All pragmatists are skeptical about the unquestioned and non-experimental representations of reason. They will be suspicious of any argument which claims that "it works" or "we have always done things this way" are true. These statements could be interpreted as being too legalistic, naively rationality and uncritical of the past practice by the legal pragmatic.
Contrary to the traditional idea 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 different interpretations must be embraced. This stance, called perspectivalism, could make the legal pragmatist appear less deferential to precedent and previously accepted analogies.
A major aspect of the legal pragmatist perspective is that it recognizes that judges are not privy to a set of core 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 case before deciding and to be willing to change or abandon a legal rule when it proves unworkable.
There is no universally agreed picture of a legal pragmaticist however, certain traits are common to the philosophical approach. This includes a focus on context, and a rejection to any attempt to derive laws from abstract concepts that aren't tested in specific situations. The pragmaticist also recognizes that the law is constantly evolving and there isn't only one correct view.
What is Pragmatism's Theory of Justice?
As a theory of judicial procedure, legal pragmatism has been lauded as a way to bring about social change. However, it has also been criticized as an attempt to avoid legitimate philosophical and moral disputes, by delegating them to the realm of legal decision-making. The pragmatic is not interested in relegating philosophical debates to the realm of law. Instead, he prefers a pragmatic and open-ended approach, and recognizes that the existence of perspectives is inevitable.
Most legal pragmatists reject 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 cases aren't sufficient for providing a solid enough basis to draw properly-analyzed legal conclusions and therefore must be supplemented with other sources, including previously recognized analogies or principles from precedent.
The legal pragmatist is against the notion of a set or overarching fundamental principles that could be used to make correct decisions. She believes that this would make it simpler for judges, who could then base their decisions on rules that have been established and make decisions.
In light of the skepticism and anti-realism that characterize Neo-pragmatism, a lot of legal pragmatists have adopted a more deflationist approach to the notion of truth. By focusing on how a concept is used, describing its function, and establishing criteria to recognize the concept's function, they have generally argued that this is the only thing philosophers can expect from a theory of truth.
Other pragmatists, however, have adopted a more broad view of truth that they have described as an objective standard for asserting and questioning. This perspective combines elements from the pragmatist tradition with classical realist and Idealist philosophical theories. It is also in line with the more pragmatic tradition, which views truth as an objective standard of assertion and inquiry and not just a measure of justification or warranted affirmability (or its derivatives). This holistic conception of truth has been described as an "instrumental theory of truth" because it aims to define truth by the goals and values that guide an individual's engagement with reality.