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Pragmatism and the Illegal Pragmatism can be described as both a normative and descriptive theory As a description theory it asserts that the traditional view of jurisprudence may not be accurate and that legal pragmatism is a better alternative In particular legal pragmatism rejects the notion that right decisions can be derived from a core principle or set of principles Instead it promotes a pragmatic approach based on context and the process of experimentation What is Pragmatism The philosophy of pragmatism emerged in the latter part of the 19th and early 20th centuries It was the first fully North American philosophical movement though it should be noted that there were also followers of the laterdeveloping existentialism who were also labeled pragmatists Like several other major movements in the history of philosophy the pragmaticists were motivated by a discontent with the current state of affairs in the world and the past 프라그마틱 정품 is difficult to provide the precise definition of the term pragmatism Pragmatism is usually focused on outcomes and results This is often contrasted with other philosophical traditions that have more of a theoretical approach to truth and knowledge Charles Sanders Peirce is credited as the spokesman for the concept of pragmatism in relation to philosophy He believed that only what can be independently verified and proven through practical experiments is real or true Peirce also stressed that the only real method to comprehend something was to examine its effects on others Another pragmatist who was a founding figure was John Dewey 18591952 who was an educator and a philosopher He developed a more comprehensive approach to pragmatism that included connections to education society art and politics He was influenced by Peirce and the German idealists Wilhelm von Humboldt und Friedrich Hegel The pragmatists had a more loose definition of what was truth This was not intended to be a realism position but rather an attempt to attain a higher degree of clarity and firmly justified settled beliefs This was achieved through an amalgamation of practical experience and solid reasoning The neopragmatic method was later expanded by Putnam to be more broadly defined as internal realism This was an alternative to correspondence theories of truth which dispensed with the goal of achieving an external Gods eye perspective while maintaining the objectivity of truth but within a description or theory It was a similar idea to the theories of Peirce James and Dewey however with a more sophisticated formulation What is Pragmatisms Theory of DecisionMaking A legal pragmatist views the law as a means to resolve problems rather than a set of rules He or she rejects the classical notion of deductive certainty and instead emphasizes the importance of context when making decisions Legal pragmatists also argue that the notion of fundamental principles is a misguided notion since generally they believe that any of these principles will be outgrown by application Thus a pragmatist approach is superior to a classical conception of legal decisionmaking The pragmatist perspective is extremely broad and has given rise to many different theories in ethics philosophy science sociology and political theory However Charles Sanders Peirce deserves most of the credit for pragmatism and his pragmatic maxim that clarifies the meaning of hypotheses through the practical consequences they have is the foundation of the doctrine but the application of the doctrine has expanded to encompass a wide range of views These include the view that a philosophical theory is true only if it has practical effects the notion that knowledge is primarily a process of transacting with rather than the representation of nature and the idea that language is the foundation of shared practices which cannot be fully made explicit The pragmatists do not go unnoticed by critics despite their contributions to many areas of philosophy The pragmatists rejecting the concept of a priori propositional knowledge has led to a powerful critical and influential critique of analytical philosophy This critique has reverberated far beyond philosophy into a variety social disciplines including the fields of jurisprudence political science and a host of other social sciences However it is difficult to classify a pragmatic view of the law as a descriptive theory The majority of judges behave as if they follow a logical empiricist framework that relies on precedent and traditional legal materials for their decisions However an attorney pragmatist could consider that this model doesnt accurately reflect the actual the judicial decisionmaking process It is more appropriate to view a pragmatist approach to law as a normative model which provides an outline of how law should evolve and be taken into account What is Pragmatisms Theory of Conflict Resolution Pragmatism is a philosophical tradition that sees the knowledge of the world as inseparable from the agency within it It has drawn a wide and sometimes contradictory variety of interpretations It is often seen as a reaction against analytic philosophy whereas at other times it is seen as an alternative to continental thinking It is a rapidly evolving tradition The pragmatists wanted to emphasise the value of experiences and the importance of the individuals own mind in the formation of belief They also sought to correct what they considered to be the mistakes of a philosophical tradition that was outdated that had altered the work of earlier thinkers These errors included Cartesianism Nominalism and a misunderstood of the human role reason All pragmatists distrust untested and nonexperimental images of reasoning They will therefore be skeptical of any argument that asserts that it works or we have always done it this way are legitimate For the legal pragmatist these assertions can be interpreted as being excessively legalistic uninformed and not critical of the previous practice In contrast to the conventional notion of law as a set of deductivist principles the pragmatic will emphasize the importance of the context of legal decisionmaking It will also acknowledge the possibility of a variety of ways to describe law and that these different interpretations must be respected This stance called perspectivalism can make the legal pragmatist appear less respectful towards precedent and previously endorsed analogies The legal pragmatists view recognizes that judges do not have access to a basic set of fundamentals from which they can make wellconsidered decisions in all instances The pragmatist is therefore keen to stress the importance of understanding a case before making a final decision and will be willing to modify a legal rule when it isnt working There is no universally agreed definition of a legal pragmaticist however certain traits tend to characterise the philosophical position This is a focus on context and a denial to any attempt to create laws from abstract principles that arent tested in specific cases The pragmaticist is also aware that the law is always changing and there isnt only one correct view What is Pragmatisms Theory of Justice As a theory of judicial procedure legal pragmatics has been praised as a means to effect social changes It has been criticized for delegating legitimate philosophical and moral disagreements to legal decisionmaking The pragmatic does not want to confine philosophical debate to 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 the acceptance that different perspectives are inevitable The majority of legal pragmatists do not accept the notion of foundational legal decisionmaking and instead rely on traditional legal material to judge current cases 프라그마틱 데모 take the view that the cases arent adequate for providing a firm enough foundation for deducing properly analyzed legal conclusions Therefore they must be supplemented with other sources like previously approved analogies or concepts from precedent The legal pragmatist denies the idea of a set of overarching fundamental principles that can be used to make correct decisions She claims that this would make it simpler for judges who could base their decisions on rules that have been established to make decisions Many legal pragmatists because of the skepticism that is characteristic of neopragmatism and the antirealism it represents have taken an even more deflationist approach to the concept of truth By focusing on the way concepts are used and describing its purpose and establishing criteria for recognizing that a concept performs that function they have been able to suggest that this is the only thing philosophers can expect from the theory of truth 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 philosophy It is also in line with the larger pragmatic tradition which sees truth as an objective standard of assertion and inquiry and not just a measure of justification or warranted affirmability or its derivatives This more holistic concept of truth is known as an instrumental theory of truth because it seeks to define truth by the goals and values that determine the way a person interacts with the world