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Pragmatism and the Illegal Pragmatism is both a descriptive and normative theory As a description theory it argues that the classical conception of jurisprudence isnt correct and that legal Pragmatism is a better choice In particular the area of legal pragmatism it rejects the notion that right decisions can be determined from a fundamental principle or set of principles Instead it advocates a pragmatic approach based on context and the process of experimentation What is Pragmatism Pragmatism is a philosophical concept that emerged during the late nineteenth and early 20th centuries It was the first fully North American philosophical movement though it should be noted that there were a few followers of the contemporaneously developing existentialism who were also known as pragmatists The pragmaticists as with many other major philosophical movements throughout time were partly inspired by discontent over the state of the world and the past It is a challenge to give an exact definition of pragmatism One of the major characteristics that is frequently associated as pragmatism is that it is focused on results and their consequences This is often contrasted with other philosophical traditions that take an a more theoretical view of truth and knowledge Charles Sanders Peirce is credited with being the founder of the concept of pragmatism in relation to philosophy Peirce believed that only things that could be independently tested and proved through practical experiments was considered real or real Peirce also emphasized that the only true method of understanding the truth of something was to study its impact on others Another pragmatist who was a founding figure was John Dewey 18591952 who was both an educator and philosopher He developed an approach that was more holistic to pragmatism that included connections to art education society as well as politics He was inspired by Peirce and also drew inspiration from the German idealist philosophers Wilhelm von Humboldt and Friedrich Hegel The pragmatists had a looser definition of what was truth This was not meant to be a realism however but rather a way to attain greater clarity and a solidlybased settled belief This was achieved through the combination of practical experience and solid reasoning This neopragmatic approach was later extended by Putnam to be defined as internal realists This was a variant of correspondence theory of truth that did not attempt to attain an external Godseye point of view but retained truths objectivity within a theory or description It was similar to the ideas of Peirce James and Dewey but with an improved formulation What is Pragmatisms Theory of DecisionMaking A pragmatist who is a lawyer sees law as a process of problemsolving not a set of predetermined rules Therefore he rejects the classical picture of deductive certainty and instead emphasizes context as a crucial element in decisionmaking Legal pragmatists also argue that the notion of foundational principles is misguided since as a general rule any such principles would be discarded by the practical experience Thus a pragmatist approach is superior to a classical conception of legal decisionmaking The pragmatist view is broad and has inspired numerous theories including those in ethics science philosophy sociology political theory and even politics While Charles Sanders Peirce deserves most of the credit for pragmatism and his pragmatic principle that clarifies the meaning of hypotheses by the practical consequences they have is the core of the doctrine however the application of the doctrine has since expanded significantly to encompass a variety of theories The doctrine has been expanded to encompass a variety of opinions including the belief that a philosophy theory only true if it is useful and that knowledge is more than a representation of the world While the pragmatics have contributed to many areas of philosophy they arent without their critics The pragmatists rejection of the notion of a priori knowledge has led to a powerful and influential critique of traditional analytical philosophy which has extended beyond philosophy to a range of social disciplines such as the fields of jurisprudence and political science However its difficult to categorize a pragmatist conception of law as a descriptive theory Judges tend to make decisions that are based on a logical and empirical framework which is heavily based on precedents and traditional legal materials However an attorney pragmatist could consider that this model doesnt adequately capture the real the judicial decisionmaking process Consequently it seems more appropriate to view a pragmatist view of law as an normative theory that can provide a guideline for how law should be interpreted and developed What is the Pragmatism Theory of Conflict Resolution Pragmatism is an ancient philosophical tradition that views the world and agency as inseparable It has attracted a broad and sometimes contradictory variety of interpretations It is often viewed as a reaction against analytic philosophy while at other times it is regarded as an alternative to continental thought It is a tradition that is growing and evolving The pragmatists wanted to insist on the importance of personal experience and consciousness in the formation of beliefs They also sought to correct what they believed as the flaws of an outdated philosophical heritage that had affected the work of earlier thinkers These errors included Cartesianism and Nominalism as well as a misunderstanding of the role of human reasoning All pragmatists are skeptical of the unquestioned and nonexperimental representations of reason They will be suspicious of any argument which claims that it works or we have always done things this way are valid These statements may be viewed as being too legalistic uninformed rationalism and uncritical of practices of the past by the legal pragmatist In contrast to the conventional picture of law as a system of deductivist principles the pragmatic will emphasize the importance of the context of legal decisionmaking 프라그마틱 무료스핀 will also recognize the fact that there are a variety of ways to define law and that the various interpretations should be respected This perspective also known as perspectivalism could make the legal pragmatist appear less deferential toward precedent and prior endorsed analogies The view of the legal pragmatist acknowledges that judges dont have access to a fundamental set of principles from which they could make wellthoughtout decisions in all instances The pragmatist is keen to emphasize the importance of understanding the situation before deciding and to be open to changing or rescind a law in the event that it proves to be unworkable There isnt a universally agreed picture of a legal pragmaticist however certain traits are characteristic of the philosophical approach This includes a focus on context and the rejection of any attempt to derive law from abstract principles that are not tested directly in a particular case Furthermore the pragmatist will recognize that the law is constantly changing and that there can be no single correct picture of it What is the Pragmatism Theory of Justice Legal Pragmatism as a philosophy of justice has been lauded for its ability to bring about social changes But it is also criticized as an approach to avoiding legitimate philosophical and moral disagreements by relegating them to the arena of legal decisionmaking The pragmatic does not believe in relegating the philosophical debate to the legal realm Instead he prefers an open and pragmatic approach and acknowledges that different perspectives are inevitable Most legal pragmatists reject the foundationalist view of legal decisionmaking and rely on traditional legal documents to provide the basis for judging present cases They believe that cases are not necessarily adequate for providing a solid foundation to draw properlyanalyzed legal conclusions Therefore they must be supplemented with other sources like previously endorsed analogies or principles from precedent The legal pragmatist likewise rejects the notion that right decisions can be derived from some overarching set of fundamental principles and argues that such a view could make judges unable to rest their decisions on predetermined rules Instead she advocates a system that recognizes the inexorable influence of context Many legal pragmatists in light of the skepticism typical of neopragmatism and the antirealism it represents have taken an elitist stance toward the notion of truth By focusing on the way a concept is used in its context describing its function and establishing criteria for recognizing that a concept performs that function they have been able to suggest that this is all philosophers could reasonably expect from a theory of truth Other pragmatists however have taken a much broader approach to truth which they have called an objective standard for assertion and inquiry This perspective combines aspects of pragmatism with those of the classical idealist and realist philosophy and is in keeping with the more broad pragmatic tradition that regards truth as a norm for assertion and inquiry not simply a normative standard to justify or warranted assertibility or any of its derivatives This more holistic view of truth is called an instrumental theory of truth because it seeks to define truth purely in terms of the aims and values that guide an individuals interaction with the world