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Pragmatism and the Illegal Pragmatism is a normative and descriptive theory As a theory of descriptive nature it claims that the classical picture of jurisprudence does not correspond to reality and that legal pragmatism provides a more realistic alternative Legal pragmatism in particular rejects the notion that correct decisions can simply be deduced by some core principle 프라그마틱 무료 advocates a pragmatic and contextual approach What is Pragmatism Pragmatism is a philosophical concept that emerged during the late nineteenth and early twentieth centuries It was the first North American philosophical movement It is worth noting however that some adherents of existentialism were also referred to as pragmatists Like several other major movements in the history of philosophy the pragmaticists were inspired partly by dissatisfaction with the current state of affairs in the world and in the past In terms of what pragmatism actually means it is difficult to pinpoint a concrete definition One of the primary characteristics that is often identified with pragmatism is the fact that it focuses on results and the consequences This is often in contrast with other philosophical traditions that have more of a theoretical approach to truth and knowledge Charles Sanders Peirce has been acknowledged as the originator of the concept of pragmatism in philosophy He believed that only what could be independently tested and verified through experiments was considered real or true Additionally Peirce emphasized that the only way to comprehend the meaning of something was to find its impact on other things Another of the pragmatists who founded the movement was John Dewey 18591952 who was a teacher and a philosopher He developed an approach that was more holistic to pragmatism which included connections to education society and art as well as politics He was influenced by Peirce and also took inspiration from the German idealist philosophers Wilhelm von Humboldt and Friedrich Hegel The pragmatists had a more loose definition of what is truth This was not intended to be a position of relativity but rather an attempt to achieve a greater degree of clarity and firmly justified accepted beliefs This was accomplished by combining practical knowledge with logical reasoning The neopragmatic concept was later extended by Putnam to be more broadly defined as internal realists This was a different approach to correspondence theories of truth that did away with the goal of achieving an external Gods eye perspective while maintaining truths objectivity albeit inside the framework of a theory or description It was similar to the ideas of Peirce James and Dewey but with a more sophisticated formulation What is the Pragmatism Theory of DecisionMaking A pragmatist who is a lawyer sees law as a problemsolving activity and not a set of predetermined rules This is why he rejects the classical picture of deductive certainty and instead emphasizes context as a crucial element in making decisions Legal pragmatists argue that the idea of foundational principles are misguided because in general these principles will be disproved by actual practice Thus a pragmatist approach is superior to the traditional view of the process of legal decisionmaking The pragmatist viewpoint is broad and has spawned various theories that include those of ethics science philosophy political theory sociology and even politics While Charles Sanders Peirce deserves most of the credit for pragmatism and his pragmatic maxim a rule for clarifying the meaning of hypotheses by the practical consequences they have is its central core the concept has since expanded significantly to encompass a variety of perspectives These include the view that the truth of a philosophical theory is only if it has useful implications the belief that knowledge is mostly a transaction with rather than a representation of nature and the idea that language is an underlying foundation of shared practices that cant be fully expressed Although the pragmatists have contributed to numerous areas of philosophy theyre not without their critics The pragmatists refusal to accept the notion of a priori knowledge has led to a powerful influential critique of analytical philosophy This critique has reverberated across the entire field of philosophy to various social disciplines like jurisprudence political science and a number of other social sciences Despite this it remains difficult to classify a pragmatist conception of law as a descriptive theory Most judges make their decisions that are based on a logical and empirical framework which relies heavily on precedents and traditional legal documents However an attorney pragmatist could consider that this model doesnt adequately capture the real nature of judicial decisionmaking It is more logical to see a pragmatic approach to law as an normative model that serves as an outline of how law should develop and be applied What is the Pragmatism Theory of Conflict Resolution Pragmatism is a philosophic tradition that regards knowledge of the world and agency as being inseparable It has attracted a wide and often contradictory range of interpretations It is sometimes seen as a response to analytic philosophy while at other times it is considered an alternative to continental thought It is a growing and evolving tradition The pragmatists sought to stress the importance of individual consciousness in the formation of beliefs They also wanted to correct what they believed to be the mistakes of an outdated philosophical heritage that had distorted earlier thinkers work These errors included Cartesianism Nominalism and a misunderstanding of the importance of human reason All pragmatists are skeptical of the unquestioned and nonexperimental representations of reasoning They are therefore cautious of any argument that claims that it works or we have always done it this way are valid For the legal pragmatist these assertions can be interpreted as being too legalistic uninformed and uncritical of previous practice Contrary to the traditional view of law as a set of deductivist laws the pragmaticist emphasizes the importance of context when making legal decisions They will also recognize the possibility of a variety of ways to define law and that the various interpretations should be embraced This approach referred to as perspectivalism can make the legal pragmatist appear less deferential toward precedent and prior endorsed analogies The view of the legal pragmatist recognizes that judges do not have access to a core set of rules from which they could make wellreasoned decisions in all cases The pragmatist will thus be keen to stress the importance of knowing the facts before making a decision and to be open to changing or abandon a legal rule when it is found to be ineffective Although there isnt an accepted definition of what a pragmatist in the legal field should look like there are certain features which tend to characterise this stance of philosophy This includes an emphasis on context and a denial of any attempt to draw laws from abstract principles that are not tested in specific situations In addition the pragmatist will realize that the law is always changing and there will be no single correct picture of it What is the Pragmatism Theory of Justice Legal pragmatism as a judicial philosophy has been praised for its ability to bring about social change However it has also been criticized for being a way of sidestepping legitimate philosophical and moral disputes by placing them in the realm of legal decisionmaking The pragmatic does not want to confine philosophical debate to the law and instead takes an approach that is pragmatic to these disagreements which insists on contextual sensitivity the importance of an openended approach to knowledge and the willingness to accept that perspectives are inevitable Most legal pragmatists reject an idea of a foundationalist model of legal decisionmaking and rely on traditional legal materials to serve as the basis for judging present cases They believe that the cases themselves are not sufficient to provide a solid foundation for properly analyzing legal conclusions Therefore they have to supplement the case with other sources such as analogies or principles derived from precedent The legal pragmatist denies the idea of a set of overarching fundamental principles that could be used to make correct decisions She claims that this would make it easier for judges who can then base their decisions on predetermined rules to make decisions Many legal pragmatists due to the skepticism that is characteristic of neopragmatism as well as the antirealism it represents and has taken a more deflationist stance towards the notion of truth By focusing on the way a concept is utilized and describing its purpose and establishing criteria to recognize that a concept has that function they have been able to suggest that this may be the only thing philosophers can expect from a theory of truth Some pragmatists have adopted a broader view of truth which they refer to as an objective norm for inquiries and assertions This perspective combines aspects of pragmatism with those of the classical realist and idealist philosophies and it is in keeping with the more broad pragmatic tradition that regards truth as a norm of assertion and inquiry rather than simply a normative standard to justify or justified assertion or any of its variants This holistic perspective of truth is described as an instrumental theory of truth because it seeks only to define truth by the goals and values that guide ones interaction with the world