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Pragmatism and the Illegal<br><br>Pragmatism can be described as a normative and descriptive theory. As a description theory, it claims that the traditional view of jurisprudence may not be true and that a legal pragmatics is a better option.<br><br>Legal pragmatism in particular it rejects the idea that correct decisions can be deduced by some core principle. It favors a practical approach that is based on context.<br><br>What is Pragmatism?<br><br>The pragmatism philosophy emerged in the latter half of 19th and the early 20th century. It was the first North American philosophical movement. (It must be noted however that some followers of existentialism were also called "pragmatists") The pragmaticists, like many other major philosophical movements throughout history were in part influenced by dissatisfaction over the situation in the world and the past.<br><br>In terms of what pragmatism actually means, it is a challenge to pinpoint a concrete definition. One of the primary characteristics that is often identified as pragmatism is that it focuses on results and the consequences. This is often contrasted with other philosophical traditions that take more of a theoretical approach to truth and knowledge.<br><br>Charles Sanders Peirce has been acknowledged as the originator of pragmatism in philosophy. He argued that only things that could be independently tested and verified through tests was believed to be authentic. Furthermore, Peirce emphasized that the only way to understand the significance of something was to determine its effect on other things.<br><br>Another of the pragmatists who founded the movement was John Dewey (1859-1952), who was a teacher and philosopher. He developed a more holistic approach to pragmatism that included connections with art, education, society, as well as politics. He was influenced by Peirce and also by the German idealists Wilhelm von Humboldt und Friedrich Hegel.<br><br>The pragmatics also had a loosely defined approach to what constitutes truth. It was not intended to be a position of relativity, but rather an attempt to attain a higher degree of clarity and firmly justified accepted beliefs. This was achieved by an amalgamation of practical knowledge and solid reasoning.<br><br>The neo-pragmatic concept was later extended by Putnam to be more broadly defined as internal Realism. This was an alternative to the correspondence theory of truth that did not attempt to create an external God's eye viewpoint, but maintained truth's objectivity within a description or theory. It was a more sophisticated version of the ideas of Peirce and James.<br><br>What is Pragmatism's Theory of Decision-Making?<br><br>A legal pragmatist regards law as a method to resolve problems and not as a set of rules. He or she rejects the classical notion of deductive certainty, and instead focuses on the role of context in decision-making. Legal pragmatists also contend that the notion of foundational principles is misguided as in general these principles will be discarded by the actual application. So, a pragmatic approach is superior to a classical conception of legal decision-making.<br><br>The pragmatist view is broad and has given birth to many different theories in philosophy, ethics as well as sociology, science and political theory. Although Charles Sanders Peirce deserves most of the credit for pragmatism and his pragmatism-based maxim that clarifies the meaning of hypotheses by tracing their practical consequences is the core of the doctrine but the scope of the doctrine has expanded to cover a broad range of views. The doctrine has been expanded to encompass a broad range of opinions, including the belief that a philosophy theory only true if it is useful,  [https://pragmatickorea76520.blognody.com/30629687/its-history-of-pragmatic-korea 프라그마틱 플레이] and that knowledge is more than an abstract representation of the world.<br><br>While the pragmatics have contributed to a variety of areas of philosophy, they are not without their critics. The pragmatists rejecting the concept of a priori propositional knowledge has resulted in a ferocious, influential critique of analytical philosophy. The critique has travelled far beyond philosophy to diverse social disciplines, including political science, jurisprudence and a host of other social sciences.<br><br>It is still difficult to classify the pragmatist view to law as a description theory. Judges tend to act as if they follow a logical empiricist framework that relies on precedent and traditional legal materials to make their decisions. A legal pragmatist, may argue that this model doesn't reflect the real-time nature of the judicial process. Therefore, it is more sensible to consider a pragmatist view of law as a normative theory that provides an outline of how law should be interpreted and developed.<br><br>What is Pragmatism's Theory of Conflict Resolution?<br><br>Pragmatism is a philosophical tradition that understands the world's knowledge as inseparable from the agency within it. It has attracted a wide and often contradictory range of interpretations. It is often seen as a reaction to analytic philosophy, while at other times, it is regarded as an alternative to continental thought. It is a thriving and evolving tradition.<br><br>The pragmatists were keen to emphasise the value of experiences and the importance of the individual's own consciousness in the formation of beliefs. They were also concerned to correct what they perceived as the flaws of an unsound philosophical heritage that had altered the work of earlier thinkers. These mistakes included Cartesianism and Nominalism, and a misunderstanding of the role of human reasoning.<br><br>All pragmatists reject untested and non-experimental images of reason. They will be suspicious of any argument which claims that "it works" or "we have always done things this way" are true. For the pragmatist in the field of law, these assertions can be interpreted as being excessively legalistic, naively rationalist and insensitive to the past practices.<br><br>Contrary to the traditional notion of law as an unwritten set of rules, the pragmatist stresses the importance of context when making legal decisions. They will also recognize the fact that there are many ways to describe law and that these different interpretations must be embraced. This perspective, referred to as perspectivalism may make the legal pragmatic appear less reliant to precedents and previously accepted analogies.<br><br>A key feature of the legal pragmatist viewpoint is its recognition that judges have no access to a set of core principles from which they can make well-argued decisions in all cases. The pragmatist will thus be keen to stress the importance of understanding the case before making a decision and to be open to changing or rescind a law in the event that it proves to be unworkable.<br><br>There isn't a universally agreed definition of a legal pragmaticist, but certain characteristics are common to the philosophical position. This includes a focus on context, and a rejection of any attempt to derive laws from abstract concepts that are not tested directly in a specific instance. In addition, the pragmatist will recognize that the law is constantly changing and there can be no one correct interpretation of it.<br><br>What is the Pragmatism Theory of Justice?<br><br>Legal pragmatics as a judicial system has been praised for its ability to effect social change. It has been criticized for relegating legitimate philosophical and moral disagreements to the realm of legal decision-making. The pragmatist, however, does not want to confine philosophical debate to the realm of the law, but instead adopts an approach that is pragmatic to these disagreements, which emphasizes the importance of contextual sensitivity, of an open-ended approach to learning, and the willingness to accept that different perspectives are inevitable.<br><br>The majority of legal pragmatists do not accept the notion of foundational legal decision-making and instead, rely on conventional legal sources to decide current cases. They take the view that cases aren't up to the task of providing a solid enough basis for deducing properly analyzed legal conclusions. Therefore, they must be supplemented by other sources, including previously approved analogies or concepts from precedent.<br><br>The legal pragmatist denies the notion 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 base their decisions on predetermined rules, to make decisions.<br><br>Many legal pragmatists due to the skepticism typical of neopragmatism and the anti-realism it embodies and has taken an elitist stance toward the notion of truth. They tend to argue that by focussing on the way in which concepts are applied, describing its purpose, and creating standards that can be used to determine if a concept has this function and that this is the only thing philosophers can reasonably expect from a truth theory.<br><br>Other pragmatists have taken a more expansive approach to truth that they have described as an objective standard for assertion and inquiry. 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