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Pragmatism and the Illegal Pragmatism is a normative and descriptive theory As a theory of descriptive nature it claims that the classical picture of jurisprudence does not fit reality and that legal pragmatism offers a better alternative Legal pragmatism in particular is opposed to the idea that the right decision can be determined by a core principle Instead it advocates a practical approach that is based on context and the process of experimentation What is Pragmatism The philosophy of pragmatism was born in the late 19th and the early 20th centuries It was the first fully North American philosophical movement though it should be noted that there were also followers of the existentialism movement that was developing at the time who were also referred to as pragmatists The pragmaticists as with many other major philosophical movements throughout history were influenced by discontent over the situation in the world and the past It is a challenge to give an exact definition of pragmatism Pragmatism is often focused on results and outcomes This is frequently contrasted with other philosophical traditions that take more of a theoretic view of truth and knowing Charles Sanders Peirce has been acknowledged as the originator of the philosophy of pragmatism He believed that only things that can be independently tested and proved by practical tests is real or true In addition Peirce emphasized that the only way to understand the significance of something was to study its effects on other things John Dewey an educator and philosopher who lived from 1859 to 1952 was a second founding pragmatist He developed a more holistic approach to pragmatism This included connections to education society and art and politics He was influenced both by Peirce and the German idealists Wilhelm von Humboldt und Friedrich Hegel The pragmatics also had a loosely defined view of what constitutes the truth This was not intended to be a form of relativism however but rather a way to gain clarity and a solidlybased settled belief This was achieved by an amalgamation of practical experience and sound reasoning Putnam extended this neopragmatic method to be described more broadly as internal realists This was an alternative to the theory of correspondence which did not seek to attain an external Godseye perspective but instead maintained the objectivity of truth within a theory or description It was a similar idea to the theories of Peirce James and Dewey however with an improved formulation What is the Pragmatism Theory of DecisionMaking A pragmatist who is a lawyer sees law as a process of problemsolving and not a set of predetermined rules Therefore he does not believe in the traditional notion of deductive certainty and focuses on context as a crucial element in making decisions Legal pragmatists also argue that the idea of fundamental principles is a misguided notion since generally the principles that are based on them will be outgrown by practice Therefore a pragmatic approach is superior to a classical conception of legal decisionmaking The pragmatist outlook is very broad and has given rise to a myriad of theories in philosophy ethics and sociology science and political theory Charles Sanders Peirce is credited with being the most pragmatist 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 time covering many different perspectives The doctrine has expanded to encompass a broad range of opinions and beliefs including the notion that a philosophy theory only true if it is useful and that knowledge is more than an abstract representation of the world Although the pragmatics have contributed to a variety of areas of philosophy theyre not without critics The pragmatic pragmatists aversion to a priori propositional knowledge has led to a powerful and influential critique of traditional analytical philosophy that has expanded beyond philosophy to a variety of social disciplines such as jurisprudence and political science Despite this it remains difficult to classify a pragmatist legal theory as a descriptive theory The majority of judges behave as if they are following an empiricist logical framework that is based on precedent and traditional legal materials to make their decisions However an expert in the field of law may consider that this model doesnt adequately reflect the realtime nature of judicial decisionmaking pop over to these guys is more appropriate to think of a pragmatist approach to law as a normative model which provides guidelines on how law should evolve and be interpreted What is Pragmatisms Theory of Conflict Resolution Pragmatism is a philosophical tradition that regards the world and agency as integral It has attracted a broad and often contrary range of interpretations It is often seen as a response to analytic philosophy whereas at other times it is seen as an alternative to continental thinking It is a growing and evolving tradition The pragmatists were keen to emphasize the importance of experience and the significance of the individuals own consciousness in the formation of belief They also sought to correct what they perceived as the flaws in a flawed philosophical tradition that had altered the work of earlier philosophers These errors included Cartesianism Nominalism and a misunderstood of the importance of human reason All pragmatists are skeptical of unquestioned and nonexperimental pictures of reasoning They are skeptical of any argument that asserts that it works or we have always done things this way are true These assertions could be seen as being too legalistic naively rationality and uncritical of the previous practices by the legal pragmatist Contrary to the traditional idea of law as a set of deductivist concepts the pragmatic will emphasize the importance of the context of legal decisionmaking They will also recognize that there are a variety of ways of describing law and that this variety must be embraced This perspective called perspectivalism may make the legal pragmatic appear less deferential 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 could make wellreasoned decisions in all cases The pragmatist will therefore be keen to emphasize the importance of understanding the case before deciding and to be open to changing or abandon a legal rule in the event that it proves to be unworkable There isnt a universally agreed picture of a legal pragmaticist however certain traits are common to the philosophical position This includes a focus on context and a rejection of any attempt to derive law from abstract principles that are not directly tested in a particular case The pragmatic is also aware that the law is constantly changing and there cant be a single correct picture What is the Pragmatism Theory of Justice Legal Pragmatism as a philosophy of justice has been praised for its ability to effect social change It has been criticized for delegating legitimate philosophical and moral disagreements to legal decisionmaking The pragmatist is not interested in relegating philosophical debates to the legal realm Instead he takes an open and pragmatic approach and recognizes that the existence of perspectives is inevitable The majority of legal pragmatists do not accept the idea of a foundationalist approach to legal decisionmaking and instead rely on the traditional legal materials to judge current cases They believe that the cases alone are not enough to provide a solid base for analyzing legal decisions Therefore they must add additional sources such as analogies or principles derived from precedent The legal pragmatist denies the idea of a set of fundamental principles that could be used to make the right decisions She argues that this would make it easy for judges who could base their decisions on predetermined rules to make decisions Many legal pragmatists in light of the skepticism typical of neopragmatism and its antirealism they have adopted a more deflationist stance towards the notion of truth They have tended to argue that by focusing on the way concepts are applied and describing its function and setting criteria that can be used to establish that a certain concept serves this purpose that this is the standard that philosophers can reasonably be expecting from the truth theory Certain pragmatists have taken on an expansive view of truth which they call an objective norm for inquiries and assertions This perspective combines aspects of pragmatism with those of the classical realist and idealist philosophical systems and is in line with the more broad pragmatic tradition that sees truth as a norm of assertion and inquiry rather than an arbitrary standard for justification or justified assertion or any of its derivatives This more holistic conception of truth is referred to as an instrumental theory of truth as it seeks to define truth by reference to the goals and values that govern a persons engagement with the world