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Pragmatism and the Illegal Pragmatism is both a descriptive and normative theory As a description theory it claims that the traditional conception of jurisprudence isnt accurate and that legal pragmatics is a better option Legal pragmatism in particular it rejects the idea that correct decisions can simply be derived from a fundamental principle It argues for a pragmatic approach that is based on context What is Pragmatism The pragmatism philosophy emerged in the latter part of the 19th and the early 20th centuries It was the first truly North American philosophical movement though it is worth noting that there were also followers of the contemporaneously developing existentialism who were also referred to as pragmatists As with other major movements in the history of philosophy the pragmaticists were influenced by discontent with the current state of affairs in the present and the past It is a challenge to give the precise definition of the term pragmatism Pragmatism is typically associated with its focus on results and outcomes This is often in contrast with other philosophical traditions that have an a more theoretical view of truth and knowledge Charles Sanders Peirce is credited as the inventor of pragmatic thinking in the context of philosophy He argued that only what could be independently tested and proven through practical experiments was deemed to be real or authentic Peirce also stressed that the only method of understanding the truth of something was to study the effects it had on other people John Dewey an educator and philosopher who lived from 1859 to 1952 was another founder pragmatist He created a more comprehensive method of pragmatism that included connections to education society 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 approach to what is the truth This was not meant to be a realism however but rather a way to attain greater clarity and firmlyjustified settled beliefs This was achieved through an amalgamation of practical experience and solid reasoning Putnam extended this neopragmatic method to be more broadly described as internal Realism This was a different approach to the 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 more sophisticated version of the theories of Peirce and James What is Pragmatisms Theory of DecisionMaking A pragmatist who is a lawyer sees law as a problemsolving activity not a set of predetermined rules This is why he rejects the classical picture of deductive certainty and instead emphasizes the importance of context in decisionmaking Legal pragmatists also contend that the idea of fundamental principles is a misguided idea as in general such principles will be outgrown by actual practice Thus 무료 프라그마틱 is superior to the classical view of the process of legal decisionmaking The pragmatist outlook is very broad and has given birth to many different theories in ethics philosophy and sociology science and political theory Although Charles Sanders Peirce deserves most of the credit for pragmatism and his pragmatismbased maxim a rule for clarifying the meaning of hypotheses through exploring their practical implications is the foundation of the doctrine however the scope of the doctrine has since expanded significantly to encompass a wide range of views The doctrine has grown to include a wide range of perspectives and beliefs including the notion that a philosophy theory is only true if it is useful and that knowledge is more than just an abstract representation of the world Although the pragmatists have contributed to numerous areas of philosophy they are not without critics The pragmatists rejection of a priori propositional knowledge has led to a powerful and influential critique of traditional analytical philosophy which has expanded beyond philosophy into a myriad of social disciplines including the fields of jurisprudence and political science It isnt easy to classify the pragmatist approach to law as a description theory Judges tend to make decisions that are based on a logical and empirical framework which is heavily based on precedents and other traditional legal materials A legal pragmatist however may claim that this model doesnt capture the true nature of the judicial process It seems more appropriate to see a pragmatic approach to law as a normative model which provides a guideline on how law should evolve and be applied What is the Pragmatism Theory of Conflict Resolution Pragmatism is a philosophic tradition that posits the worlds knowledge and agency as integral It has attracted a wide and often contrary range of interpretations It is often viewed as a reaction against analytic philosophy but at other times it is considered an alternative to continental thinking It is an emerging tradition that is and evolving The pragmatists sought to stress the importance of individual consciousness in the formation of beliefs They were also concerned to overcome what they saw as the errors of a flawed philosophical heritage which had distorted the work of earlier thinkers These errors included Cartesianism as well as Nominalism and an ignorance of the importance of human reasoning All pragmatists are skeptical of nontested and untested images of reasoning They are suspicious of any argument which claims that it works or we have always done things this way are valid These assertions could be seen as being too legalistic naive rationalism and uncritical of previous practices by the legal pragmatist Contrary to the classical notion of law as a set of deductivist rules the pragmaticist emphasizes the importance of context when making legal decisions They will also recognize that there are multiple ways of describing law and that this variety must be embraced This perspective referred to as perspectivalism can 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 basic set of principles from which they could make wellreasoned decisions in all instances The pragmatist will thus be keen to stress the importance of understanding the situation before making a decision and to be willing to change or even omit a rule of law when it proves unworkable Although there isnt an accepted definition of what a pragmatist in the legal field should look like There are some characteristics that tend to define this philosophical stance This includes an emphasis on context and a rejection of any attempt to draw laws from abstract principles that are not directly tested in specific situations In addition the pragmatist will realize that the law is constantly changing and that there can be no one correct interpretation of it What is the Pragmatism Theory of Justice As a judicial theory legal pragmatism has been lauded as a means to bring about social change But it has also been criticized for being an approach to avoiding legitimate philosophical and moral disagreements and delegating them to the realm of legal decisionmaking The pragmatic does not believe in relegating the philosophical debate to the realm of law Instead he adopts an open and pragmatic approach and recognizes that the existence of perspectives is inevitable The majority of legal pragmatists do not believe in an idea of a foundationalist model of legal decisionmaking and rely on traditional legal documents to establish the basis for judging current cases They believe that the cases arent sufficient for providing a firm enough foundation for analyzing properly legal conclusions Therefore they must be supplemented by other sources including previously recognized analogies or principles from precedent The legal pragmatist likewise rejects the idea that correct decisions can be deduced from a set of fundamental principles arguing that such a picture would make judges unable to base their decisions on predetermined rules Instead she advocates an approach that recognizes the inexorable influence of the context Many legal pragmatists because of the skepticism that is characteristic of neopragmatism and its antirealism and has taken an even more deflationist approach to the notion of truth They tend to argue focussing on the way in which the concept is used and describing its function and setting standards that can be used to establish that a certain concept has this function that this could be all philosophers should reasonably expect from the truth theory Some pragmatists have adopted more expansive views of truth which they call an objective standard for assertions and inquiries This view combines features of pragmatism and those of the classical idealist and realist philosophy and is in keeping with the broader pragmatic tradition that views truth as a standard for assertion and inquiry rather than merely a standard for justification or justified 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 by reference to the goals and values that govern an individuals interaction with the world