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Pragmatism and the Illegal Pragmatism is both a normative and descriptive theory. As a theory of descriptive nature, it asserts that the traditional picture of jurisprudence does not reflect reality and that pragmatism in law offers a better alternative. Legal pragmatism, specifically it rejects the idea that correct decisions can be derived from a fundamental principle. It advocates a pragmatic, context-based approach. What is Pragmatism? The philosophy of pragmatism was born in the late 19th and early 20th centuries. It was the first North American philosophical movement. (It should be noted that some followers of existentialism were also known as “pragmatists”) Like several other major movements in the history of philosophy the pragmaticists were motivated partly by dissatisfaction with the current state of affairs in the world and the past. In terms of what pragmatism really means, it is difficult to pin down a concrete definition. One of the major characteristics that is often identified with pragmatism is that it focuses on the results and consequences. This is often in contrast with other philosophical traditions that have an a more theoretical view of truth and knowledge. Charles Sanders Peirce has been credited as the founder of pragmatism in philosophy. He believed that only what could be independently tested and proved through practical experiments was deemed to be real or authentic. Peirce also stated that the only true way to understand something was to examine its impact on others. 프라그마틱 공식홈페이지 who was a founding figure was John Dewey (1859-1952), who was an educator as well as a philosopher. 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 pragmatists had a looser definition 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 firmly justified accepted beliefs. This was achieved through a combination of practical experience and sound reasoning. Putnam expanded this neopragmatic approach to be more widely described as internal Realism. This was a different approach to correspondence theories of truth that dispensed with the goal of achieving an external God's eye perspective, while maintaining the objectivity of truth, but within a description or theory. It was a similar idea to the ideas of Peirce, James and Dewey however, it was a more sophisticated formulation. What is the Pragmatism Theory of Decision-Making? A pragmatist in the field of law views law as a process of problem-solving and not a set predetermined rules. Thus, he or she rejects the classical picture of deductive certainty and focuses on context as a crucial element in the process of making a decision. Legal pragmatists argue that the idea of fundamental principles is a misguided idea, because in general, these principles will be disproved by actual practice. So, a pragmatic approach is superior to a traditional view of the process of legal decision-making. The pragmatist view is broad and has led to many different theories in ethics, philosophy as well as sociology, science and political theory. Charles Sanders Peirce is credited with having the greatest pragmatism. His pragmatic maxim is a principle that clarifies the meaning of hypotheses through their practical implications, is the basis of its. However the scope of the doctrine has expanded significantly over time, covering many different perspectives. The doctrine has expanded to include a wide range of opinions, including the belief that a philosophy theory is only valid if it is useful and that knowledge is more than an abstract representation of the world. The pragmatists have their fair share of critics, even though they have contributed to a variety of areas of philosophy. The the pragmatists' refusal to accept the concept of a priori propositional knowledge has given rise to a powerful and influential critique of traditional analytical philosophy that has extended beyond philosophy into a myriad of social sciences, including the fields of jurisprudence and political science. However, it is difficult to categorize a pragmatist legal theory as a descriptive theory. Most judges make their decisions using a logical-empirical framework that relies heavily on precedents and conventional legal documents. However an attorney pragmatist could be able to argue that this model doesn't adequately capture the real dynamics of judicial decision-making. Therefore, it is more appropriate to think of the law in a pragmatist perspective as a normative theory that offers a guideline for how law should be interpreted and developed. What is Pragmatism's Theory of Conflict Resolution? Pragmatism is a philosophy that views the world's knowledge as inseparable from agency within it. It has attracted a broad and often contradictory range of interpretations. It is sometimes seen as a reaction against analytic philosophy, while at other times it is regarded as an alternative to continental thought. It is a growing and evolving tradition. The pragmatists wanted to stress the importance of experience and the importance of the individual's own consciousness in the formation of beliefs. They also wanted to correct what they perceived as the flaws in a flawed philosophical heritage which had affected the work of earlier philosophers. These errors included Cartesianism and Nominalism, and an inadequacy of the role of human reasoning. All pragmatists are skeptical about unquestioned and non-experimental pictures of reason. They are suspicious of any argument which claims that “it works” or “we have always done things this way” are true. For the legal pragmatist these statements can be seen as being excessively legalistic, naively rationalist, and uncritical of previous practice. Contrary to the classical conception of law as a set of deductivist laws, the pragmatist stresses the importance of context when making legal decisions. They will also recognize that there are many ways of describing law and that the diversity is to be respected. This perspective, referred to as perspectivalism may make the legal pragmatic appear less deferential to precedent and previously accepted analogies. A key feature of the legal pragmatist viewpoint is that it recognizes that judges have no access to a set of core rules from which they can make properly argued decisions in all cases. The pragmatist therefore wants to stress the importance of understanding a case before making a final decision and is prepared to modify a legal rule in the event that it isn't working. There isn't a universally agreed definition of a legal pragmaticist however, certain traits are common to the philosophical position. These include an emphasis on context, and a rejection of any attempt to draw law from abstract principles that are not tested directly in a particular case. Additionally, the pragmatic will recognise that the law is constantly changing and that there can be no one right picture of it. What is Pragmatism's Theory of Justice? Legal Pragmatism as a philosophy of justice has been lauded for its ability to bring about social changes. But it has also been criticized as an attempt to avoid legitimate moral and philosophical disputes, by relegating them to the arena of legal decision-making. The pragmatist is not interested in relegating philosophical debates to the legal realm. Instead, he adopts a pragmatic and open-ended approach, and recognizes that different perspectives are inevitable. The majority of legal pragmatists don't believe in the foundationalist view of legal decision-making and rely upon traditional legal documents to establish the basis for judging present cases. They believe that the cases themselves are not sufficient to provide a solid basis for properly analyzing legal conclusions. Therefore, they have to add additional sources, such as analogies or the principles drawn from precedent. The legal pragmatist also disapproves of the idea that good decisions can be derived from an overarching set of fundamental principles in the belief that such a picture could make judges too easy to base their decisions on predetermined “rules.” Instead she favors a method that recognizes the irresistible influence of context. In light of the skepticism and realism that characterize the neo-pragmatists, many have adopted a more deflationist approach to the concept of truth. They have tended to argue, by focusing on the way a concept is applied, describing its purpose and creating criteria that can be used to determine if a concept has this function, that this could be the standard that philosophers can reasonably be expecting from a truth theory. Some pragmatists have taken a more expansive view of truth and have referred to it as an objective norm for assertion and inquiry. This perspective combines aspects of pragmatism with the features of the classical realist and idealist philosophy, and is in keeping with the more broad pragmatic tradition that regards truth as a norm for assertion and inquiry rather than simply a normative standard to justify or justified assertibility (or any of its variants). 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 guide the way a person interacts with the world.