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Pragmatism and the Illegal
Pragmatism can be described as both a descriptive and normative theory. As a description theory, it claims that the traditional view of jurisprudence is not true and that a legal pragmatics is a better option.
Legal pragmatism in particular it rejects the idea that the right decision can be derived from a fundamental principle. It favors a practical and contextual approach.
What is Pragmatism?
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It is difficult to give a precise definition of the term "pragmatism. One of the primary characteristics that is frequently associated with pragmatism is the fact that it is focused on results and the consequences. This is often in contrast with other philosophical traditions that have a more theoretical approach to truth and knowledge.
Charles Sanders Peirce is credited with being the founder of pragmatic thinking in the context of philosophy. Peirce believed that only what could be independently tested and proven through practical experiments was considered real or real. Peirce also emphasized that the only method of understanding something was to look at its effects on others.
Another pragmatist who was a founding figure was John Dewey (1859-1952), who was an educator and a philosopher. He developed a more holistic approach to pragmatism. This included connections to education, society, and art, as well as politics. He was influenced by Peirce and also took inspiration from the German idealist philosophers Wilhelm von Humboldt and Friedrich Hegel.
The pragmatists had a more loose definition of what was truth. It was not intended to be a relativist position, but rather an attempt to attain a higher level of clarity and solidly accepted beliefs. This was achieved by combining practical experience with sound reasoning.
Putnam developed this neopragmatic view to be described more broadly as internal Realism. This was an alternative to the correspondence theory of truth that did not attempt to attain an external God's-eye viewpoint, but maintained the objectivity of truth within a theory or description. It was similar to the ideas of Peirce, James and Dewey however with more sophisticated formulation.
What is Pragmatism's Theory of Decision-Making?
A legal pragmatist regards law as a way to resolve problems and not as a set of 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. Moreover, legal pragmatists argue that the idea of foundational principles is not a good idea since generally they believe that any of these principles will be devalued by practical experience. A pragmatic view is superior to a classical view of legal decision-making.
The pragmatist perspective is broad and has inspired various theories that include those of ethics, science, philosophy and sociology, political theory, and even politics. Charles Sanders Peirce is credited with having the greatest pragmatism. His pragmatic maxim is a principle that clarifies the meaning of hypotheses through their practical implications, is its core. However the doctrine's scope has expanded significantly over the years, encompassing a wide 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's useful and that knowledge is more than an abstract representation of the world.
Although the pragmatists have contributed to numerous areas of philosophy, they're not without critics. The pragmatists' rejection of the notion of a priori knowledge has led to a powerful and influential critique of analytical philosophy. This critique has spread across the entire field of philosophy to a variety social disciplines including political science, jurisprudence and a variety of other social sciences.
It isn't easy to classify the pragmatist approach to law as a description theory. Most judges make their decisions that are based on a logical and empirical framework, which is heavily based on precedents and other traditional legal materials. A legal pragmatist, may claim that this model doesn't capture the true nature of the judicial process. Therefore, it is more appropriate to view the law from a pragmatic perspective as an normative theory that can provide an outline of how law should be interpreted and developed.
What is the Pragmatism Theory of Conflict Resolution?
Pragmatism is a philosophic tradition that views knowledge of the world and agency as being integral. It has attracted a broad and often contradictory range of interpretations. It is sometimes viewed as a response to analytic philosophy whereas at other times, it is viewed as an alternative to continental thought. It is an emerging tradition that is and evolving.
The pragmatists wanted to emphasize the importance of individual consciousness in the formation of beliefs. They also wanted to correct what they perceived as the errors of a flawed philosophical heritage which had distorted the work of earlier thinkers. These errors included Cartesianism and Nominalism, as well as an inadequacy of the role of human reasoning.
All pragmatists are skeptical of untested and non-experimental images of reasoning. They will be suspicious of any argument that claims that "it works" or "we have always done things this way" are true. These assertions could be seen as being too legalistic, naively rationalism and uncritical of practices of the past by the legal pragmatist.
In contrast to the conventional idea of law as a set of deductivist principles, a pragmaticist will stress the importance of the context of legal decision-making. It will also recognize the possibility of a variety of ways to describe law and that the various interpretations should be embraced. This perspective, called perspectivalism, can make the legal pragmatic appear less deferential to precedent and previously accepted analogies.
A major aspect of the legal pragmatist perspective is the recognition that judges have no access to a set of fundamental principles 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 will be willing to alter a law if it is not working.
There isn't a universally agreed picture of a legal pragmaticist however, certain traits are characteristic of the philosophical approach. These include an emphasis on context and the rejection of any attempt to draw laws from abstract concepts that cannot be tested in a specific case. The pragmatic also recognizes that the law is always changing and there isn't one correct interpretation.
What is Pragmatism's Theory of Justice?
Legal Pragmatism as a philosophy of justice has been lauded for its ability to bring about social changes. However, it is also criticized as an attempt to avoid legitimate philosophical and moral disagreements and delegating them to the realm of legal decision-making. The pragmatic is not interested in relegating philosophical debate to the law and instead takes an approach that is pragmatic to these disputes that emphasizes contextual sensitivity, the importance of an open-ended approach to knowledge and the acceptance that perspectives are inevitable.
The majority of legal pragmatists do not accept the idea of a foundationalist approach to legal decision-making and instead rely on traditional legal sources to decide current cases. They believe that the case law aren't enough to provide a solid basis for analyzing legal decisions. Therefore, they must add additional sources like analogies or concepts drawn from precedent.
The legal pragmatist denies the idea of a set of overarching fundamental principles that can be used to determine correct decisions. She argues that this would make it easy for judges, who could base their decisions on rules that have been established and make decisions.
Many legal pragmatists, due to the skepticism typical of neopragmatism as well as the anti-realism it embodies and has taken a more deflationist stance towards the notion of truth. By focusing on how concepts are used in its context, describing its function and establishing criteria for recognizing the concept's purpose, they have been able to suggest that this is the only thing philosophers can expect from a theory of truth.
Some pragmatists have taken an expansive view of truth, which they call an objective standard for assertions and inquiries. This view combines features of pragmatism with those of the classic idealist and realist philosophy, and is in line with the broader pragmatic tradition that views truth as a norm for assertion and inquiry, rather than merely a standard for justification or justified assertion (or any of its variants). This more holistic concept of truth is known as an "instrumental" theory of truth, because it seeks to define truth purely in terms of the aims and values that determine the way a person interacts with the world.