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Pragmatism is a descriptive and normative theory. As a descriptive theory it asserts that the traditional image of jurisprudence is not correspond to reality and that legal pragmatism provides a better alternative.
In particular, legal pragmatism rejects the notion that right decisions can be derived from some core principle or principles. It favors a practical, context-based approach.
What is Pragmatism?
Pragmatism is a philosophical concept that developed during the latter part of the nineteenth and early 20th centuries. It was the first truly North American philosophical movement (though it should be noted that there were also followers of the contemporaneously developing existentialism who were also labeled "pragmatists"). Like several other major movements in the history of philosophy the pragmaticists were motivated partly by dissatisfaction with the state of things in the present and the past.
In terms of what pragmatism actually means, it is a challenge to pinpoint a concrete definition. Pragmatism is usually associated with its focus on results and outcomes. This is frequently contrasted with other philosophical traditions which have a more theoretic approach to truth and knowing.
Charles Sanders Peirce has been acknowledged as the father of pragmatism in philosophy. He believed that only what can be independently verified and proved through practical experiments is true or authentic. Peirce also stressed that the only real method to comprehend something was to look at the effects it had on other people.
John Dewey, an educator and philosopher who lived from 1859 to 1952, was also a founder pragmatist. He developed a more comprehensive approach to pragmatism, which included connections to society, education art, politics, and. He was influenced by Peirce and by the German idealists Wilhelm von Humboldt und Friedrich Hegel.
The pragmatists had a more loose definition of what constitutes truth. This was not intended to be a realism but rather an attempt to gain clarity and firmly-justified settled beliefs. This was achieved by combining practical experience with solid reasoning.
Putnam expanded this neopragmatic approach to be more broadly described as internal realism. This was an alternative to correspondence theory of truth, which did not seek to achieve an external God's-eye perspective, but instead maintained the objectivity of truth within a description or theory. It was a more sophisticated version of the ideas of Peirce and James.
What is Pragmatism's Theory of Decision-Making?
A legal pragmatist sees law as a method to resolve problems, not as a set rules. He or she does not believe in the traditional view of deductive certainty and instead focuses on context in decision-making. Legal pragmatists argue that the notion of foundational principles is misguided, because in general, such principles will be outgrown by the actual application. A pragmatic view is superior to a classical conception of legal decision-making.
The pragmatist view is broad and has led to the development of many different theories, including those in philosophy, science, ethics, sociology, political theory and even politics. While 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 core of the doctrine but the scope of the doctrine has since expanded significantly to encompass a variety of theories. This includes the notion that the philosophical theory is valid only if it has useful effects, the notion that knowledge is mostly a transaction with, not an expression of nature, and the idea that language articulated is the foundation of shared practices which cannot be fully expressed.
The pragmatists do not go unnoticed by critics in spite of their contributions to many areas of philosophy. The pragmatists' refusal to accept a priori propositional knowlege has resulted in a powerful, influential critique of analytical philosophy. This critique has reverberated far beyond philosophy into diverse social disciplines, including jurisprudence, political science and a host of other social sciences.
However, it is difficult to categorize a pragmatist legal theory as a descriptive theory. Most judges make their decisions that are based on a logical and empirical framework, which relies heavily on precedents and traditional legal documents. A legal pragmatist, however, may claim that this model does not accurately reflect the real dynamic of judicial decisions. Thus, it's more appropriate to view the law in a pragmatist perspective as an normative theory that can provide a guideline for how law should be interpreted and developed.
What is Pragmatism's Theory of Conflict Resolution?
Pragmatism is a philosophical tradition that regards knowledge of the world and agency as integral. It has been interpreted in a variety of different ways, usually at odds with each other. It is often regarded as a reaction to analytic philosophy while at other times, it is viewed as a different approach to continental thought. It is an evolving tradition that is and developing.
The pragmatists wanted to emphasise the value of experience and the importance of the individual's own mind in the formation of belief. They also wanted to correct what they considered as the flaws of a dated philosophical tradition that had affected the work of earlier thinkers. These mistakes included Cartesianism Nominalism, and a misunderstood view of the role of human reason.
All pragmatists are suspicious of the unquestioned and non-experimental representations of reasoning. 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, naive rationalist, and not critical of the practices of the past by the legal pragmatist.
In contrast to the classical notion of law as a system of deductivist principles, the pragmatist will emphasise the importance of the context of legal decision-making. It will also acknowledge that there are multiple ways to describe the law and that the diversity must be embraced. This perspective, called perspectivalism, may make the legal pragmatic appear less reliant to precedents and accepted analogies.
One of the most important aspects of the legal pragmatist perspective is that it recognizes that judges are not privy to a set of fundamental principles from which they can make properly argued decisions in all cases. 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 abandon a legal rule in the event that it proves to be unworkable.
There is no universally agreed definition of a legal pragmaticist however certain traits tend to characterise the philosophical approach. This is a focus on the context, and a reluctance of any attempt to draw laws from abstract concepts that are not directly tested in specific situations. In addition, the pragmatist will realize that the law is continuously changing and there can be no one correct interpretation of it.
What is Pragmatism's Theory of Justice?
As a theory of judicial procedure, legal pragmatics has been praised as a means of bringing about social change. But it has also been criticized for being a way of sidestepping legitimate philosophical and moral disagreements by delegating them to the realm of legal decision-making. The pragmatic does not believe in relegating the philosophical debate to the legal realm. Instead, he adopts a pragmatic and open-ended approach, and acknowledges that perspectives will always be inevitable.
The majority of legal pragmatists do not accept the notion of foundational legal decision-making and instead rely on traditional legal materials to judge current cases. They take the view that the cases aren't up to the task of providing a firm enough foundation for deducing properly analyzed legal conclusions. They therefore need to be supplemented with other sources, like previously recognized analogies or principles from precedent.
The legal pragmatist likewise rejects the idea that correct decisions can be determined from a set of fundamental principles in the belief that such a view makes it too easy for judges to base their decisions on predetermined "rules." Instead, she advocates an approach that recognizes the irresistible influence of the context.
Many legal pragmatists, due to the skepticism characteristic of neopragmatism as well as its anti-realism, have taken an elitist stance toward the notion of truth. By focusing on the way a concept is utilized, describing its function, and establishing criteria to recognize the concept's purpose, they've been able to suggest that this may be all that philosophers can reasonably expect from a theory of truth.
Some pragmatists have taken more expansive views of truth, which they call an objective standard for assertions and inquiries. This approach combines the characteristics of pragmatism with those of the classical realist and idealist philosophical systems, and is in keeping with the broader pragmatic tradition that regards truth as a norm of assertion and inquiry, not simply a normative standard to justify or warranted assertibility (or any of its variants). This holistic conception of truth has been called an "instrumental theory of truth" since it seeks to define truth in terms of the goals and values that guide our engagement with reality.