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Pragmatism and the Illegal Pragmatism can be described as a descriptive and normative theory As a description theory it claims that the traditional view of jurisprudence is not correct and that legal pragmatism is a better alternative Legal pragmatism in particular is opposed to the idea that the right decision can be derived from a fundamental principle It favors a practical approach that is based on context What is Pragmatism Pragmatism is a philosophical concept that was developed in the latter part of the nineteenth and early 20th centuries It was the first fully North American philosophical movement though it should be noted that there were followers of the contemporaneously developing existentialism who were also referred to as pragmatists Like several other major movements in the history of philosophy the pragmaticists were influenced by a discontent with the state of things in the world and in the past It is difficult to give the precise definition of the term pragmatism Pragmatism is usually focused on results and outcomes This is frequently contrasted with other philosophical traditions which have a more theoretic approach to truth and knowledge Charles Sanders Peirce is credited as the spokesman for pragmatism as it applies to philosophy He believed that only things that can be independently tested and proved by practical tests is true or real Peirce also stated that the only method of understanding something was to examine the effects it had on other people Another founding pragmatist was John Dewey 18591952 who was an educator as well as a philosopher He developed a more holistic method of pragmatism that included connections to society education art and politics He was influenced both by Peirce and by the German idealists Wilhelm von Humboldt und Friedrich Hegel The pragmatists had a more loose definition of what is truth It was not intended to be a relativist position but rather an attempt to achieve a greater degree of clarity and firmly justified accepted beliefs This was achieved by a combination of practical knowledge and solid reasoning The neopragmatic method was later extended by Putnam to be more broadly defined as internal realists This was a possible alternative to correspondence theories of truth which dispensed with the intention of attaining an external Gods eye perspective while maintaining the objectivity of truth but within a description or theory It was a similar approach to the ideas of Peirce James and Dewey but with an improved formulation What is the Pragmatism Theory of DecisionMaking A legal pragmatist sees law as a way to resolve problems not as a set rules He or she does not believe in the traditional view of deductive certainty and instead emphasizes the role of context in decisionmaking Legal pragmatists also argue that the idea of fundamental principles is a misguided notion since generally they believe that any of these principles will be outgrown by practical experience A pragmatic approach is superior to a classical conception of legal decisionmaking The pragmatist perspective is extremely broad and has given birth to many different theories in philosophy ethics and sociology science and political theory While Charles Sanders Peirce deserves most of the credit for pragmatism and his pragmatic maxim that clarifies the meaning of hypotheses through tracing their practical consequences is its central core but the application of the doctrine has since been expanded to cover a broad range of theories The doctrine has grown to encompass a variety of opinions which include the belief that a philosophy theory only valid if it is useful and that knowledge is more than just an abstract representation of the world Although the pragmatists have contributed to numerous areas of philosophy they arent without critics The pragmatic pragmatists aversion to the concept of a priori propositional knowledge has led to an influential and effective critique of traditional analytical philosophy that has extended beyond philosophy into a myriad of social disciplines including the fields of jurisprudence and political science However it is difficult to classify a pragmatic view of the law as a descriptive theory More Material of judges behave as if they follow an empiricist logical framework that relies on precedent and traditional legal materials for their decisions A legal pragmatist however may claim that this model doesnt accurately reflect the real nature of the judicial process Thus its more appropriate to think of the law from a pragmatic perspective as a normative theory that provides a guideline for how law should be developed and interpreted What is Pragmatisms Theory of Conflict Resolution Pragmatism is a philosophy that views the knowledge of the world as inseparable from agency within it It has attracted a broad and often contrary range of interpretations It is sometimes viewed as a reaction to analytic philosophy whereas at other times it is viewed as a counterpoint to continental thought It is an evolving tradition that is and developing The pragmatists wanted to emphasize the importance of individual consciousness in forming beliefs They also sought to overcome what they saw as the flaws of a flawed philosophical tradition that had affected the work of earlier philosophers These mistakes included Cartesianism and Nominalism as well as an ignorance of the importance of human reasoning All pragmatists distrust nontested and untested images of reasoning They will therefore be cautious of any argument which claims that it works or we have always done this way are valid For the lawyer these assertions can be interpreted as being overly legalistic naively rationalist and insensitive to the past practice Contrary to the traditional view of law as a set of deductivist laws the pragmaticist emphasizes the importance of context when making legal decisions They will also recognize that there are many ways to describe the law and that this diversity must be embraced The perspective of perspectivalism may make the legal pragmatic appear less reliant to precedents and accepted analogies The legal pragmatists view acknowledges that judges dont have access to a basic set of principles from which they can make wellconsidered decisions in all instances The pragmatist will therefore be keen to emphasize the importance of understanding the case before making a decision and to be willing to change or abandon a legal rule when it is found to be ineffective There isnt a universally agreed concept of a pragmatic lawyer however certain traits are characteristic of the philosophical stance This includes an emphasis on the context and a reluctance to any attempt to create laws from abstract concepts that arent tested in specific cases In addition the pragmatist will recognize that the law is continuously changing and there can be no one right picture of it What is Pragmatisms Theory of Justice As a judicial theory legal pragmatics has been praised as a way to bring about social change It has been criticized for relegating legitimate moral and philosophical disagreements to legal decisionmaking The pragmatic does not want to confine philosophical debate to the law Instead they take an approach that is pragmatic in these disagreements which insists on the importance of an openended approach to knowledge and the willingness to accept that different perspectives are inevitable Most legal pragmatists reject the notion of foundational legal decisionmaking and instead rely on traditional legal materials to judge current cases They believe that the case law alone are not enough to provide a solid base for analyzing legal decisions Therefore they need to supplement the case with other sources such as analogies or principles that are derived from precedent The legal pragmatist rejects the notion of a set or overarching fundamental principles that could be used to make the right decisions She claims that this would make it easier for judges who could then base their decisions on rules that have been established and make decisions In light of the skepticism and antirealism that characterize the neopragmatists many have adopted a more deflationist approach to the concept of truth By focusing on the way a concept is used and describing its purpose and establishing criteria to recognize that a concept has that purpose theyve tended to argue that this may be all that philosophers can reasonably expect from a theory of truth Some pragmatists have taken a broader view of truth which they refer to as an objective standard for establishing assertions and questions 프라그마틱 정품확인 combines features of pragmatism with those of the classical realist and idealist philosophy and is in keeping with the more broad pragmatic tradition that regards truth as a norm for assertion and inquiry rather than an arbitrary standard for justification or warranted assertibility or any of its variants This more holistic concept of truth is known as an instrumental theory of truth as it is a search for truth to be defined by the goals and values that guide an individuals interaction with the world