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Pragmatism and the Illegal Pragmatism is a descriptive and normative theory As a description theory it argues that the classical view of jurisprudence may not be true and that a legal pragmatics is a better option Legal pragmatism in particular it rejects the idea that correct decisions can simply be determined by a core principle Instead it promotes a pragmatic approach based on context and experimentation What is Pragmatism Pragmatism is a philosophy that developed during the late nineteenth and early twentieth centuries 프라그마틱 무료체험 was the first fully North American philosophical movement though it is worth noting that there were a few followers of the existentialism movement that was developing at the time who were also labeled pragmatists The pragmaticists as with many other major philosophical movements throughout history were in part influenced by discontent over the state of the world and the past It is difficult to provide a precise definition of the term pragmatism Pragmatism is often associated with its focus on outcomes and results This is often contrasted to other philosophical traditions which have a more theoretic approach to truth and knowing Charles Sanders Peirce is credited as the inventor of pragmatic thinking in the context of philosophy He believed that only what can be independently verified and proved through practical experiments is real or true Peirce also emphasized that the only real method to comprehend something was to examine its effects on others Another pragmatist who was a founding figure was John Dewey 18591952 who was both an educator as well as a philosopher He created a more comprehensive approach to pragmatism that included connections to society education art politics and He was influenced by Peirce and also by the German idealists Wilhelm von Humboldt und Friedrich Hegel The pragmatists also had a more loosely defined approach to what is the truth This was not intended to be a form of relativism but rather an attempt to attain greater clarity and firmlyjustified settled beliefs This was achieved through the combination of practical knowledge and solid reasoning This neopragmatic approach was later extended by Putnam to be more broadly defined as internal realism This was an alternative to correspondence theory of truth which did not seek to attain an external Godseye viewpoint but maintained the objectivity of truth within a theory or description It was a similar idea to the ideas of Peirce James and Dewey but with more sophisticated formulation What is the Pragmatism Theory of DecisionMaking A legal pragmatist views law as a resolving process not a set of predetermined rules Thus he or she does not believe in the traditional notion of deductive certainty and focuses on context as a crucial element in decisionmaking Legal pragmatists argue that the idea of foundational principles is misguided because in general such principles will be outgrown by actual practice Therefore a pragmatic approach is superior to the classical conception of legal decisionmaking The pragmatist outlook is very broad and has given birth to a myriad of 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 exploring their practical implications is the core of the doctrine but the application of the doctrine has since expanded significantly to encompass a variety of views This includes the belief that the philosophical theory is valid only if it has useful implications the belief that knowledge is primarily a process of transacting with not an expression of nature and the idea that language is an underlying foundation of shared practices that cannot be fully expressed The pragmatists are not without critics despite their contributions to many areas of philosophy The the pragmatists refusal to accept the notion of a priori knowledge has given rise to an influential and effective critique of traditional analytical philosophy that has expanded beyond philosophy to a variety of social disciplines such as the study of jurisprudence as well as political science However it is difficult to categorize a pragmatist conception of law as a descriptive theory Judges tend to act as if they follow an empiricist logical framework that is based on precedent and traditional legal materials for their decisions However an expert in the field of law may consider that this model does not adequately capture the real dynamics of judicial decisionmaking It is more appropriate to see a pragmatic approach to law as a normative model that provides a guideline on how law should evolve and be applied What is Pragmatisms Theory of Conflict Resolution Pragmatism is a philosophical tradition that understands knowledge of the world as inseparable from agency within it It has attracted a wide and often contrary range of interpretations It is sometimes seen as a reaction to analytic philosophy whereas at other times it is seen as an alternative to continental thinking It is an emerging tradition that is and developing The pragmatists were keen to emphasise the value of experiences and the importance of the individuals consciousness in the development of beliefs They were also concerned to correct what they perceived as the errors of an unsound philosophical heritage that had affected the work of earlier philosophers These errors included Cartesianism Nominalism and a misunderstood of the human role reason All pragmatists are skeptical of untested and nonexperimental images of reason They will be suspicious of any argument that asserts that it works or we have always done things this way are true These statements could be interpreted as being too legalistic uninformed rationalist and not critical of the past practice by the legal pragmatist Contrary to the conventional notion of law as a set of deductivist laws The pragmaticist emphasizes the importance of context when making legal decisions It will also recognize the fact that there are many ways to describe law and that the various interpretations should be embraced This perspective referred to as perspectivalism may make the legal pragmatic appear less deferential to precedent and previously accepted analogies One of the most important aspects of the legal pragmatist view is its recognition that judges are not privy to a set of fundamental principles from which they can make logically argued decisions in all cases The pragmatist is keen to stress the importance of understanding the case before making a decision and to be willing to change or even omit a rule of law 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 position This is a focus on context and a denial of any attempt to draw laws from abstract principles that arent tested in specific cases The pragmatist is also aware that the law is always changing and there isnt only one correct view What is Pragmatisms Theory of Justice As a judicial theory legal pragmatics has been praised as a method to effect social changes It has been criticized for delegating legitimate philosophical and moral disagreements to legal decisionmaking The pragmatist is not interested in relegating the philosophical debate to the legal realm Instead he takes an openended and pragmatic approach and acknowledges that different perspectives are inevitable Most legal pragmatists reject an idea of a foundationalist model of legal decisionmaking and rely upon traditional legal materials to serve as the basis for judging present cases They believe that the cases themselves are not sufficient to provide a solid base to properly analyze legal conclusions Therefore they must add other sources such as analogies or principles that are derived from precedent The legal pragmatist denies the idea of a set or overarching fundamental principles that can be used to make correct decisions She claims that this would make it easier for judges who could then base their decisions on predetermined rules to make decisions In light of the doubt and realism that characterizes the neopragmatists many have taken a more deflationist approach to the notion of truth By focusing on how concepts are used describing its function and establishing criteria for recognizing the concepts purpose theyve tended to argue that this is all philosophers could reasonably expect from the theory of truth Other pragmatists however have taken a much broader approach to truth that they have described as an objective norm for assertion and inquiry This view combines features of pragmatism with those of the classical idealist and realist philosophies and it is in keeping with the larger pragmatic tradition that regards truth as a norm of assertion and inquiry rather than merely a standard for justification or warranted assertion or any of its derivatives This more holistic conception of truth is referred to as an instrumental theory of truth because it seeks to define truth purely in terms of the aims and values that determine an individuals interaction with the world