Pragmatism and the Illegal
Pragmatism is a descriptive and normative theory. As a descriptive theory it asserts that the traditional model of jurisprudence doesn't fit reality, and
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Particularly the area of legal pragmatism, it rejects the notion that right decisions can be deduced from a core principle or
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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 must be noted that some adherents of existentialism were also referred to as "pragmatists") The pragmaticists,
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It is a challenge to give a precise definition of the term "pragmatism. Pragmatism is typically associated with its focus on results and outcomes. This is often contrasted to other philosophical traditions that have more of a theoretic view of truth and knowing.
Charles Sanders Peirce is credited as the inventor of the concept of pragmatism in relation to philosophy. Peirce believed that only what could be independently tested and proved through practical experiments was considered real or authentic. Peirce also emphasized that the only true method of understanding the truth of something was to study its impact on others.
Another pragmatist who was a founding figure was John Dewey (1859-1952), who was a teacher as well as a philosopher. He developed a more comprehensive method of pragmatism that included connections to education, society, art, and politics. He was influenced by Peirce and by the German idealists Wilhelm von Humboldt und Friedrich Hegel.
The pragmatics also had a flexible view of what is the truth. This was not intended to be a realism but rather an attempt to attain greater clarity and a solidly-based settled belief. This was achieved by combining experience with solid reasoning.
Putnam expanded this neopragmatic approach to be more widely described as internal realists. This was an alternative to correspondence theories of truth that did away with the goal of achieving an external God's eye viewpoint while retaining truth's objectivity, albeit inside a theory or description. It was a more sophisticated version of the ideas of Peirce and James.
What is the Pragmatism Theory of Decision-Making?
A legal pragmatist regards law as a way to resolve problems and not as a set of rules. Therefore, he rejects the classical picture of deductive certainty, and instead emphasizes the importance of context in making decisions. Legal pragmatists also argue that the idea of foundational principles is misguided as in general these principles will be disproved by the actual application. A pragmatist view is superior to a traditional conception of legal decision-making.
The pragmatist perspective is broad and has spawned numerous theories, including those in ethics, science, philosophy and political theory, sociology and even politics. However, Charles Sanders Peirce deserves most of the credit for pragmatism, and his pragmatism-based maxim - a guideline for defining the meaning of hypotheses by the practical consequences they have - is the foundation of the doctrine, the concept has since been expanded to cover a broad range of views. This includes the belief that the truth of a philosophical theory is if and only if it can be used to benefit effects, the notion that knowledge is primarily a transacting with rather than an expression of nature, and the idea that articulate language rests on the foundation of shared practices which cannot be fully expressed.
Although the pragmatics have contributed to a variety of areas of philosophy, they aren't without critics. The the pragmatists' refusal to accept the concept of a priori propositional knowledge has given rise to an influential and powerful critique of traditional analytical philosophy that has expanded beyond philosophy to a variety of social disciplines, including jurisprudence and political science.
It is still difficult to classify the pragmatist approach to law as a description theory. Most judges make decisions based on a logical-empirical framework, which relies heavily on precedents and other traditional legal documents. However an expert in the field of law may well argue that this model doesn't adequately capture the real dynamics of judicial decision-making. Therefore, it is more sensible to consider a pragmatist view of law as a normative theory that provides a guideline for how law should be developed and interpreted.
What is the Pragmatism Theory of Conflict Resolution?
Pragmatism is a philosophical tradition that sees the world's knowledge as inseparable from the agency within it. It has attracted a broad and sometimes contradictory variety of interpretations. It is often seen as a reaction to analytic philosophy whereas at other times, it is seen as a counter-point to continental thinking. It is a thriving and growing tradition.
The pragmatists wanted to emphasize the importance of individual consciousness in the formation of beliefs. They also wanted to correct what they considered to be the errors of an outdated philosophical heritage that had altered the work of earlier thinkers. These errors included Cartesianism as well as Nominalism, and a misunderstanding of the role of human reasoning.
All pragmatists reject non-tested and untested images of reason. They will be suspicious of any argument that asserts that "it works" or "we have always done things this way" are valid. These statements may be viewed as being too legalistic, uninformed rationalist, and not critical of the past practice by the legal pragmatist.
In contrast to the classical picture of law as a system of deductivist principles, the pragmatic will emphasize the importance of context in legal decision-making. They will also recognize the fact that there are a variety of ways to describe law, and that the various interpretations should be respected. This perspective, called perspectivalism may make the legal pragmatic appear less reliant to precedents and previously accepted analogies.
The view of the legal pragmatist recognizes that judges do not have access to a core set of fundamentals from which they could make well-reasoned decisions in all instances. The pragmatist will therefore be keen to stress the importance of knowing the facts before making a decision, and to be prepared to alter or even omit a rule of law when it is found to be ineffective.
There is no agreed picture of what a pragmatist in the legal field should be, there are certain features which tend to characterise this stance of philosophy. These include an emphasis on context and a rejection of any attempt to draw law from abstract principles which are not tested directly in a particular case. Furthermore, the pragmatist will recognise that the law is always changing and there will be no one correct interpretation of it.
What is Pragmatism's Theory of Justice?
Legal pragmatics as a judicial system has been lauded for its ability to effect social changes. But it has also been criticized as a way of sidestepping legitimate philosophical and moral disputes by relegating them to the arena of legal decision-making. The pragmatist, however, does not want to confine philosophical debate to the law. Instead, they take a pragmatic approach to these disagreements, which insists on contextual sensitivity, the importance of an open-ended approach to knowledge, and the acceptance that the existence of perspectives is inevitable.
The majority of legal pragmatists don't believe in a foundationalist picture of legal decision-making and rely upon traditional legal sources to provide the basis for judging current cases. They believe that the cases alone are not enough to provide a solid foundation for properly analyzing legal conclusions. Therefore, they have to supplement the case with other sources like analogies or concepts that are derived from precedent.
The legal pragmatist denies the idea of a set of overarching fundamental principles that can be used to make the right decisions. She argues that this would make it easier for judges, who can base their decisions on rules that have been established, to make decisions.
Many legal pragmatists because of the skepticism characteristic of neopragmatism as well as the anti-realism it represents, have taken a more deflationist stance towards the concept of truth. By focusing on the way concepts are used in its context, describing its function and establishing criteria to recognize the concept's function, they have generally argued that this may be the only thing philosophers can expect from a theory of truth.
Other pragmatists have taken a more expansive view of truth that they have described as an objective norm for assertion and inquiry. This approach combines elements of pragmatism, classical realist, and Idealist philosophies. It is also in line with the wider pragmatic tradition, which regards truth as a definite standard for assertion and inquiry, and not merely a standard for justification or warranted affirmability (or its derivatives). This holistic perspective of truth is called an "instrumental theory of truth" because it seeks only to define truth in terms of the purposes and values that guide our engagement with reality.