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Pragmatism and the Illegal Pragmatism is a descriptive and normative theory As a theory of descriptive nature it asserts that the traditional picture of jurisprudence does not reflect reality and that pragmatism in law provides a more realistic alternative Particularly legal pragmatism rejects the notion that right decisions can be deduced from a core principle or set of principles Instead it promotes a pragmatic approach that is based on context and the process of experimentation What is Pragmatism Pragmatism is a philosophy that developed during the latter part of the nineteenth and early 20th centuries It was the first fully North American philosophical movement though it is worth noting that there were a few followers of the contemporaneously developing existentialism who were also referred to as pragmatists The pragmaticists as with many other major philosophical movements throughout history were influenced by dissatisfaction over the situation in the world and the past In terms of what pragmatism really is its difficult to establish a precise definition Pragmatism is usually focused on results and outcomes This is frequently contrasted with other philosophical traditions that have more of a theoretic view of truth and knowing Charles Sanders Peirce is credited as the spokesman for the concept of pragmatism in relation to philosophy He believed that only what could be independently tested and proved through practical experiments was deemed to be real or real Peirce also stressed that the only true method of understanding something was to examine its impact on others Another founding pragmatist was John Dewey 18591952 who was a teacher and philosopher He developed an approach that was more holistic to pragmatism This included connections to art education society as well as politics He was greatly influenced by Peirce and also took inspiration from the German idealist philosophers Wilhelm von Humboldt and Friedrich Hegel The pragmatics also had a more loosely defined view of what constitutes truth This was not intended to be a relativist position but rather an attempt to attain a higher degree of clarity and welljustified settled beliefs This was accomplished by combining practical knowledge with logical reasoning This neopragmatic approach was later expanded by Putnam to be more broadly defined as internal realists This was a different approach to the correspondence theory of truth which did not aim to achieve an external Godseye viewpoint but maintained the objective nature of truth within a theory or description It was an advanced version of the theories of Peirce and James What is Pragmatisms Theory of DecisionMaking A pragmatist who is a lawyer sees law as a resolving process and not a set of predetermined rules They reject a classical view of deductive certainty and instead emphasizes the importance of context when making decisions Legal pragmatists also argue that the idea of foundational principles is misguided since generally any such principles would be outgrown by application A pragmatic approach is superior to a traditional view of legal decisionmaking The pragmatist view is broad and has inspired numerous theories including those in philosophy science ethics sociology political theory and even politics Although Charles Sanders Peirce deserves most of the credit for pragmatism and his pragmatic principle a guideline for defining the meaning of hypotheses by the practical consequences they have is the foundation of the doctrine however the concept has since expanded significantly to encompass a variety of theories This includes the notion that a philosophical theory is true only if it has practical implications the belief that knowledge is primarily a process of transacting with not a representation of nature and the notion that articulate language rests on an underlying foundation of shared practices that cannot be fully formulated The pragmatists have their fair share of critics despite their contributions to many areas of philosophy The the pragmatists refusal to accept the concept of a priori propositional knowledge has led to a powerful and influential critique of traditional analytical philosophy which has extended beyond philosophy to a variety of social disciplines such as the study of jurisprudence as well as political science 프라그마틱 데모 isnt easy to classify the pragmatist view to law as a description theory Judges tend to make decisions based on a logicalempirical framework that relies heavily on precedents and traditional legal documents However an attorney pragmatist could be able to argue that this model doesnt accurately reflect the actual nature of judicial decisionmaking Therefore it is more sensible to consider a pragmatist view of law as a normative theory that provides a guideline for how law should be interpreted and developed What is the Pragmatism Theory of Conflict Resolution Pragmatism is a philosophical tradition that sees knowledge of the world as inseparable from the agency within it It has been interpreted in a variety of different ways often in opposition to one another It is often seen as a response to analytic philosophy while at other times it is seen as an alternative to continental thought It is a thriving and growing tradition The pragmatists were keen to emphasize the importance of experience and the importance of the individuals consciousness in the formation of belief They also sought to rectify what they perceived as the flaws of an unsound philosophical heritage that had affected the work of earlier philosophers These errors included Cartesianism and Nominalism as well as an inadequacy of the role of human reasoning All pragmatists reject untested and nonexperimental representations of reasoning They are skeptical of any argument that claims that it works or we have always done things this way are true For the legal pragmatist these assertions can be interpreted as being overly legalistic uninformed and insensitive to the past practice In contrast to the classical picture of law as a system of deductivist principles a pragmaticist will stress the importance of the context of legal decisionmaking It will also recognize the possibility of a variety of ways to define law and that these different interpretations must be respected This perspective referred to as perspectivalism can make the legal pragmatic appear less deferential to precedent and previously accepted analogies The view of the legal pragmatist recognizes that judges do not have access to a basic set of fundamentals from which they could make wellthoughtout decisions in all cases The pragmatist will thus be keen to emphasize the importance of understanding the situation before making a decision and to be prepared to alter or abandon a legal rule in the event that it proves to be unworkable There is no universally agreed concept of a pragmatic lawyer however certain traits tend to characterise the philosophical stance They include a focus on context and a rejection of any attempt to deduce law from abstract principles that are not directly tested in a specific case Additionally the pragmatic will recognize that the law is always changing and that there can be no single correct picture of it What is the Pragmatism Theory of Justice As a judicial theory legal pragmatics has been praised as a way to effect social changes It has been criticized for delegating legitimate moral and philosophical disagreements to the realm of legal decisionmaking The pragmatist however is not interested in relegating philosophical debate to the realm of the law Instead they take an approach that is pragmatic in these disputes that stresses contextual sensitivity the importance of an openended approach to learning and a willingness to acknowledge that perspectives are inevitable Most legal pragmatists reject the notion of foundational legal decisionmaking and instead rely on traditional legal material to judge current cases They take the view that cases arent sufficient for providing a firm enough foundation for analyzing properly legal conclusions They therefore need to be supplemented by other sources including previously endorsed analogies or principles from precedent The legal pragmatist also rejects the idea that correct decisions can be deduced from a set of fundamental principles arguing that such a picture could make it too easy for judges to rest their decisions on predetermined rules Instead she favors a method that recognizes the omnipotent influence of context In light of the skepticism and realism that characterize the neopragmatists many have taken an increasingly deflationist view of the notion of truth They tend to argue by focusing on the way concepts are applied and describing its function and creating criteria to determine if a concept serves this purpose and that this is the standard that philosophers can reasonably be expecting from the truth theory Some pragmatists have taken a broader view of truth which they refer to as an objective standard for establishing assertions and questions This perspective combines elements from pragmatism classical realist and Idealist philosophical theories It is also in line with the more pragmatic tradition which views truth as an objective standard of inquiry and assertion not just a standard of justification or warranted affirmability or its derivatives This more holistic concept of truth is known as an instrumental theory of truth as it is a search for truth to be defined in terms of the aims and values that guide an individuals interaction with the world