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Pragmatism and the Illegal Pragmatism can be characterized as both a descriptive and normative theory As a description theory it claims that the traditional view of jurisprudence may not be accurate and that legal Pragmatism is a better choice Legal pragmatism specifically 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 The philosophy of pragmatism emerged in the late 19th and the early 20th century It was the first North American philosophical movement It must be noted however that some adherents of existentialism were also known as pragmatists The pragmaticists like many other major philosophical movements throughout time were influenced by dissatisfaction over the situation in the world and the past It is difficult to provide an exact definition of pragmatism Pragmatism is usually associated with its focus on outcomes and results This is often contrasted to other philosophical traditions which have more of a theoretic view of truth and knowing Charles Sanders Peirce has been acknowledged as the originator of the philosophy of pragmatism Peirce believed that only what could be independently tested and proven through practical tests was believed to be true Furthermore Peirce emphasized that the only way to comprehend the meaning of something was to determine its impact on other things John Dewey an educator and philosopher who lived from 1859 until 1952 was also a pioneering pragmatist He developed a more comprehensive method of pragmatism that included connections to education society art and politics He was influenced by Peirce and also by the German idealists Wilhelm von Humboldt und Friedrich Hegel The pragmatics also had a loosely defined view of what constitutes truth This was not intended to be a relativism however but rather a way to attain greater clarity and solidlysubstantiated settled beliefs This was achieved by a combination of practical experience and sound reasoning This neopragmatic approach was later expanded by Putnam to be more broadly defined as internal realism This was an alternative to correspondence theory of truth that did not attempt to attain an external Godseye viewpoint but maintained truths objectivity within a theory or description It was a similar approach to the ideas of Peirce James and Dewey however with more sophisticated formulation What is Pragmatisms Theory of DecisionMaking A legal pragmatist sees law as a method to solve problems rather than a set of rules Therefore he dismisses the conventional notion of deductive certainty and instead emphasizes the importance of context in the process of making a decision Legal pragmatists also contend that the idea of fundamental principles is a misguided idea since in general such principles will be outgrown by the actual application So a pragmatic approach is superior to the traditional approach to legal decisionmaking The pragmatist perspective is broad and has inspired many different theories including those in ethics science philosophy and sociology political theory and even politics Charles Sanders Peirce is credited with the most pragmatism His pragmatic maxim is a principle that clarifies the meaning of hypotheses through their practical implications is the foundation of the However the doctrines scope has expanded significantly over the years encompassing various perspectives This includes the notion that a philosophical theory is true only if it has practical implications the belief that knowledge is primarily a transacting with rather than an expression of nature and the notion that language is an underlying foundation of shared practices that cannot be fully formulated 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 a powerful and influential critique of traditional analytical philosophy which has expanded beyond philosophy to a range of social disciplines including the fields of jurisprudence and political science It is still difficult to classify the pragmatist view to law as a description theory Judges tend to make decisions that are based on a logical and empirical framework that relies heavily on precedents and conventional legal materials However an expert in the field of law may consider that this model doesnt accurately reflect the actual dynamics of judicial decisionmaking It seems more appropriate to think of a pragmatist approach to law as a normative model which provides a guideline on how law should evolve and be interpreted What is Pragmatisms Theory of Conflict Resolution Pragmatism is a philosophic tradition that posits knowledge of the world and agency as unassociable It has been interpreted in a variety of different ways usually in conflict with one another It is often viewed as a reaction to analytic philosophy whereas at other times it is seen as an alternative to continental thought It is a tradition that is growing and growing The pragmatists wanted to emphasise the value of experience and the significance of the individuals own consciousness in the formation of beliefs They also sought to correct what they believed to be the errors of a philosophical tradition that was outdated that had affected the work of earlier thinkers These errors included Cartesianism and Nominalism and an inadequacy of the role of human reasoning All pragmatists distrust untested and nonexperimental images of reasoning They will be suspicious of any argument that claims that it works or we have always done things this way are valid For the lawyer these statements could be interpreted as being overly legalistic naively rationalist and not critical of the previous practices In contrast to the conventional picture of law as a set of deductivist concepts the pragmatist will emphasise the importance of context in legal decisionmaking It will also acknowledge that there are many ways to describe the law and that this variety is to be respected This approach referred to as perspectivalism could make the legal pragmatist appear less tolerant to precedent and previously accepted analogies The legal pragmatists perspective acknowledges that judges dont have access to a fundamental set of rules from which they can make wellthoughtout decisions in all instances The pragmatist will therefore be keen to emphasize the importance of understanding the case prior to making a final decision and is willing to change a legal rule in the event that it isnt working There isnt a universally agreed picture of a legal pragmaticist but certain characteristics are common to the philosophical approach These include an emphasis on context and a rejection of any attempt to deduce law from abstract principles which are not tested directly in a specific instance The pragmaticist is also aware that the law is constantly changing and there isnt only one correct view What is the Pragmatism Theory of Justice As a judicial theory legal pragmatics has been praised as a method to bring about social changes However 무료슬롯체험 has also been criticized for being an attempt to avoid legitimate moral and philosophical disputes by delegating them to the realm of legal decisionmaking The pragmatic is not interested in relegating philosophical debates to the legal realm Instead he takes an open and pragmatic approach and acknowledges that different perspectives are inevitable The majority of legal pragmatists do not accept the foundationalist view of legal decisionmaking and instead rely on conventional legal materials to judge current cases They believe that the cases themselves are not sufficient to provide a solid base to properly analyze legal conclusions Therefore they have to add other sources such as analogies or the principles that are derived from precedent The legal pragmatist also disapproves of the idea that correct decisions can be deduced from an overarching set of fundamental principles and argues that such a view makes it too easy for judges to rest their decisions on predetermined rules Instead she favors a method that recognizes the inexorable influence of the context In light of the skepticism and antirealism that characterize Neopragmatism a lot of legal pragmatists have taken an increasingly deflationist view of the notion of truth By focusing on how concepts are used describing its function and establishing criteria to recognize that a concept performs that purpose theyve generally argued that this may be all that philosophers can reasonably expect from the theory of truth Some pragmatists have taken a broader view of truth referring to it as an objective standard for establishing assertions and questions This view combines elements of the pragmatist tradition with classical realist and Idealist philosophies It is also in line with the wider pragmatic tradition which regards truth as an objective standard of assertion and inquiry and not just a standard of justification or warranted affirmability or its derivatives This holistic view of truth has been described as an instrumental theory of truth because it aims to define truth in terms of the goals and values that guide an individuals involvement with reality