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Pragmatism and the Illegal Pragmatism can be characterized as both a normative and descriptive theory As a description theory it argues that the classical view of jurisprudence may not be correct and that legal pragmatism is a better alternative In particular the area of legal pragmatism it rejects the notion that right decisions can be derived from a fundamental principle or set of principles 프라그마틱 슬롯 사이트 argues for a pragmatic contextbased approach What is Pragmatism The philosophy of pragmatism emerged in the latter half of 19th and the early 20th century It was the first North American philosophical movement It should be noted that some adherents of existentialism were also known as pragmatists The pragmaticists as with many other major philosophical movements throughout time were partly inspired by discontent over the situation in the world and the past In terms of what pragmatism actually is its difficult to pin down a concrete definition One of the major characteristics that are often associated with pragmatism is that it focuses on results and the consequences This is often contrasted to other philosophical traditions which have more of a theoretic view of truth and knowledge Charles Sanders Peirce has been acknowledged as the father of the concept of pragmatism in philosophy He believed that only what can be independently verified and proved by practical tests is true or real In addition Peirce emphasized that the only way to understand the significance of something was to find its impact on other things John Dewey an educator and philosopher who lived from 1859 until 1952 was also a founder pragmatist He developed a more holistic method of pragmatism that included connections to society education art and politics He was influenced both by Peirce and 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 meant to be a relativism but rather an attempt to gain clarity and a solidlybased settled belief This was accomplished by combining practical knowledge with solid reasoning Putnam expanded this neopragmatic approach to be described more broadly as internal realism 프라그마틱 공식홈페이지 was a possible alternative to correspondence theories of truth that did away with the aim of achieving an external Gods eye point of view while retaining truths objectivity albeit inside a theory or description It was an advanced version of the ideas of Peirce and James What is Pragmatisms Theory of DecisionMaking A legal pragmatist sees the law as a means to resolve problems not as a set rules Thus he or she does not believe in the traditional notion of deductive certainty and instead emphasizes context as a crucial element in making decisions Furthermore legal pragmatists believe that the idea of foundational principles is misguided because generally they believe that any of these principles will be devalued by application A pragmatic view is superior to a traditional approach to legal decisionmaking The pragmatist view is broad and has inspired numerous theories that span ethics science philosophy and sociology political theory and even politics Charles Sanders Peirce is credited with being the most pragmatist His pragmatic principle that aims to clarify the meaning of hypotheses by examining their practical implications is the basis of its However the doctrines scope has expanded considerably over the years encompassing a wide variety of views This includes the notion that the truth of a philosophical theory is if and only if it has practical consequences the view that knowledge is primarily a transacting with rather than the representation of nature and the idea that language is the foundation of shared practices which cannot be fully expressed While the pragmatists have contributed to numerous areas of philosophy they arent without critics The pragmatists rejection of the notion of a priori knowledge has resulted in a ferocious and influential critique of analytical philosophy The critique has travelled far beyond philosophy into diverse social disciplines including political science jurisprudence and a variety of other social sciences However its difficult to classify a pragmatist conception of law as a descriptive theory Most judges act as if they follow a logical empiricist framework that is based on precedent and traditional legal materials for their decisions A legal pragmatist however might claim that this model does not accurately reflect the real nature of the judicial process It is more appropriate to think of a pragmatist approach to law as a normative model that provides an outline of how law should develop and be interpreted What is Pragmatisms Theory of Conflict Resolution Pragmatism is a philosophic tradition that regards the world and agency as being inseparable It has drawn a wide and often contrary range of interpretations It is sometimes viewed as a reaction to analytic philosophy while at other times it is seen as a counterpoint to continental thinking It is a rapidly developing tradition The pragmatists wanted to emphasise the value of experiences and the importance of the individuals consciousness in the development of beliefs They were also concerned to overcome what they saw as the flaws in an unsound philosophical heritage that had altered the work of earlier philosophers These errors included Cartesianism as well as Nominalism and an inadequacy of the role of human reasoning All pragmatists are suspicious of the unquestioned and nonexperimental representations of reason They are also skeptical of any argument which claims that it works or we have always done it this way are legitimate For the pragmatist in the field of law these statements can be seen as being too legalistic naively rationalist and not critical of the previous practices Contrary to the traditional picture of law as a system of deductivist principles a pragmaticist will stress the importance of the context of legal decisionmaking It will also acknowledge the fact that there are many ways to describe law and that these variations should 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 core set of fundamentals from which they can make wellthoughtout decisions in all cases The pragmatist will therefore be keen to emphasize the importance of understanding the situation before making a decision and to be prepared to alter or even omit a rule of law in the event that it proves to be unworkable Although there isnt an accepted definition of what a pragmatist in the legal field should be There are some characteristics that define this stance on philosophy This includes an emphasis on context and a rejection to any attempt to derive laws from abstract principles that are not directly tested in specific cases The pragmaticist is also aware that the law is constantly changing and there cant be a single correct picture What is the Pragmatism Theory of Justice As a judicial theory legal pragmatism has been lauded as a way to effect social changes It has been criticized for relegating legitimate moral and philosophical disagreements to the realm of legal decisionmaking The pragmatic does not want to confine philosophical debate to the law and instead takes a pragmatic approach to these disputes that insists on contextual sensitivity the importance of an openended approach to learning and the willingness to accept that perspectives are inevitable Most legal pragmatists reject the notion of foundational legal decisionmaking and instead rely on traditional legal sources to decide current cases They believe that the cases arent enough to provide a solid base for analyzing legal decisions Therefore they have to add additional sources such as analogies or the principles drawn from precedent The legal pragmatist also disapproves of the idea that correct decisions can be derived from a set of fundamental principles arguing that such a picture would make judges unable to rest their decisions on predetermined rules Instead she favors a method that recognizes the irresistible influence of context Many legal pragmatists in light of the skepticism that is characteristic of neopragmatism as well as its antirealism they have adopted an elitist stance toward the concept of truth By focusing on the way a concept is used in its context describing its function and establishing criteria to recognize that a concept has that purpose theyve tended to argue that this is the only thing philosophers can expect from the theory of truth Other pragmatists have taken a much broader approach to truth which they have called an objective standard for assertion and inquiry This perspective combines elements from pragmatism classical realist and Idealist philosophy 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 measure of justification or warranted affirmability or its derivatives This holistic view of truth has been called an instrumental theory of truth because it aims to define truth in terms of the purposes and values that guide our interaction with reality