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Pragmatism and the Illegal Pragmatism is a descriptive and normative theory As a descriptive theory it asserts that the traditional picture of jurisprudence does not reflect reality and that pragmatism in law provides a better alternative Legal pragmatism in particular rejects the notion that correct decisions can simply be derived from a fundamental principle Instead it advocates a practical approach that is based on context and trial and error What is Pragmatism The philosophy of pragmatism was born in the late 19th and the early 20th centuries It was the first North American philosophical movement It must be noted however that some adherents of existentialism were also known as pragmatists The pragmaticists like many other major philosophical movements throughout time were influenced by discontent over the situation in the world and the past It is difficult to give the precise definition of the term pragmatism Pragmatism is often associated with its focus on outcomes and results This is often contrasted with other philosophical traditions that have a more theoretical approach to truth and knowledge Charles Sanders Peirce is credited with being the founder of pragmatic thinking in the context of philosophy He argued that only things that could be independently tested and proved through practical experiments was deemed to be real or true Additionally Peirce emphasized that the only way to comprehend the meaning 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 pioneering pragmatist He created a more comprehensive method of pragmatism that included connections to society education art and politics He was greatly influenced by Peirce and also drew inspiration from the German idealist philosophers Wilhelm von Humboldt and Friedrich Hegel The pragmatics also had a more flexible view of what constitutes truth This was not intended to be a position of relativity however rather a way to achieve a greater degree of clarity and solidly settled beliefs This was achieved by the combination of practical knowledge and solid reasoning Putnam developed this neopragmatic view to be more broadly described as internal realists This was a possible alternative to correspondence theories of truth that dispensed with the intention of achieving an external Gods eye viewpoint while retaining the objectivity of truth but within a theory or description It was similar to the ideas of Peirce James and Dewey however with a more sophisticated formulation What is Pragmatisms Theory of DecisionMaking A legal pragmatist sees the law as a means to resolve problems not as a set rules He or she does not believe in the classical notion of deductive certainty and instead emphasizes the role of context in decisionmaking Moreover legal pragmatists argue that the idea of fundamental principles is a misguided notion because as a general rule the principles that are based on them will be devalued by practice A pragmatic approach is superior to a classical conception of legal decisionmaking The pragmatist perspective is broad and has spawned various theories that span philosophy science ethics sociology political theory and even politics While Charles Sanders Peirce deserves most of the credit for pragmatism and his pragmatismbased maxim that clarifies the meaning of hypotheses by exploring their practical implications is the core of the doctrine the application of the doctrine has expanded to encompass a variety of perspectives These include the view that the philosophical theory is valid if and only if it can be used to benefit effects the notion that knowledge is mostly a transaction with rather than the representation of nature and the notion that language articulated is an underlying foundation of shared practices that cannot be fully formulated The pragmatists do not go unnoticed by critics even though they have contributed to a variety of areas of philosophy 프라그마틱 무료체험 슬롯버프 to accept the concept of a priori propositional knowledge has led to an influential and effective critique of traditional analytical philosophy that has extended beyond philosophy into a myriad of social disciplines such as jurisprudence and political science It is still difficult to classify the pragmatist approach to law as a description theory The majority of judges behave as if theyre following an empiricist logic that is based on precedent and traditional legal sources for their decisions However an expert in the field of law may be able to argue that this model does not accurately reflect the actual the judicial decisionmaking process It is more appropriate to view a pragmatist approach to law as an normative model that serves as guidelines on how law should evolve and be taken into account What is the Pragmatism Theory of Conflict Resolution Pragmatism is an ancient philosophical tradition that views knowledge of the world and agency as being integral It has been interpreted in many different ways and often in opposition to one another 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 an emerging tradition that is and evolving The pragmatists were keen to emphasize the importance of experiences and the importance of the individuals consciousness in the development of beliefs They were also concerned to rectify what they perceived as the flaws of an unsound philosophical heritage that had distorted the work of earlier philosophers These mistakes included Cartesianism and Nominalism as well as a misunderstanding of the role of human reasoning All pragmatists are skeptical of unquestioned and nonexperimental pictures of reason They are skeptical of any argument that claims that it works or we have always done things this way are valid For the legal pragmatist these statements could be interpreted as being too legalistic uninformed and uncritical of previous practice Contrary to the traditional view of law as an unwritten set of rules The pragmaticist emphasizes the importance of context when making legal decisions It will also acknowledge that there are multiple ways of describing the law and that this variety is to be respected This perspective also known as perspectivalism could make the legal pragmatist appear less tolerant toward precedent and prior endorsed analogies A key feature of the legal pragmatist perspective is that it recognizes that judges do not have access to a set or principles from which they can make properly argued decisions in all cases The pragmatist will thus be keen to emphasize the importance of knowing the facts before making a decision and to be prepared to alter or abandon a legal rule when it is found to be ineffective There is no universally agreedupon definition of a legal pragmaticist but certain characteristics are characteristic of the philosophical stance These include an emphasis on context and a rejection of any attempt to derive laws from abstract concepts that cannot be tested in a particular case Furthermore the pragmatist will recognise that the law is always changing and there will be no one right picture of it What is Pragmatisms Theory of Justice As a theory of judicial procedure legal pragmatism has been lauded as a way to effect social changes However it has also been criticized for being an approach to avoiding legitimate philosophical and moral disputes by delegating them to the realm of legal decisionmaking The pragmatic does not believe in relegating the philosophical debate to the legal realm Instead he prefers an openended 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 traditional legal materials to judge current cases They believe that the cases alone are not enough to provide a solid basis for properly analyzing legal conclusions Therefore they have to add other sources such as analogies or principles drawn from precedent The legal pragmatist likewise rejects the notion that right decisions can be determined from an overarching set of fundamental principles and argues that such a scenario makes it too easy for judges to base their decisions on predetermined rules Instead she advocates an approach that recognizes the irresistible influence of the context Many legal pragmatists because of the skepticism characteristic of neopragmatism and the antirealism it embodies they have adopted an even more deflationist approach to the concept of truth By focusing on how concepts are used and describing its purpose and establishing criteria to recognize that a concept has that purpose they have generally argued that this may be the only thing philosophers can expect from a theory of truth Other pragmatists however have taken a much broader view of truth which they have called an objective standard for assertion and inquiry This approach combines the characteristics of pragmatism with the features of the classic idealist and realist philosophies and it is in keeping with the more broad pragmatic tradition that views truth as a norm of assertion and inquiry rather than an arbitrary standard for justification or warranted assertibility or any of its variants This more holistic conception of truth is referred to as an instrumental theory of truth because it seeks to define truth in terms of the aims and values that guide a persons engagement with the world