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Pragmatism and the Illegal<br><br>Pragmatism can be characterized as both a descriptive and normative theory. As a descriptive theory, it asserts that the traditional picture of jurisprudence does not correspond to reality, and that legal pragmatism provides a better alternative.<br><br>In particular, legal pragmatism rejects the notion that right decisions can be determined from a fundamental principle or principles. Instead it advocates a practical approach based on context, and the process of experimentation.<br><br>What is Pragmatism?<br><br>The philosophy of pragmatism emerged in the latter half of 19th and the early 20th centuries. It was the first truly North American philosophical movement (though it is important to note that there were a few followers of the later-developing existentialism who were also known as "pragmatists"). The pragmaticists, as with many other major philosophical movements throughout history were in part influenced by discontent with the conditions of the world as well as the past.<br><br>In terms of what pragmatism really means, it is a challenge to pinpoint a concrete definition. One of the main features that is often identified as pragmatism is that it focuses on the results and consequences. This is sometimes contrasted with other philosophical traditions that have a more theoretical approach to truth and knowledge.<br><br>Charles Sanders Peirce is credited with being the founder of pragmatic thinking in the context of philosophy. Peirce believed that only what could be independently tested and proved through practical tests was believed to be real. Peirce also stated that the only true way to understand something was to look at its impact on others.<br><br>Another pragmatist who was a founding figure was John Dewey (1859-1952), who was a teacher and a philosopher. He developed a more holistic method of pragmatism that included connections to society, education, art, and politics. He was influenced both by Peirce and by the German idealists Wilhelm von Humboldt und Friedrich Hegel.<br><br>The pragmatists also had a more loosely defined view of what constitutes truth. This was not intended to be a realism position, but rather an attempt to attain a higher degree of clarity and firmly justified accepted beliefs. This was achieved by the combination of practical experience and solid reasoning.<br><br>Putnam extended this neopragmatic method to be described more broadly as internal realists. This was a possible alternative to correspondence theories of truth, which dispensed with the goal of achieving an external God's eye perspective, while maintaining the objective nature of truth, although within a theory or description. 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A pragmatic approach is superior to a traditional conception of legal decision-making.<br><br>The pragmatist outlook is very broad and has given birth to many different theories in ethics, philosophy and sociology, science,  [https://dfes.net/home.php?mod=space&uid=1904923 프라그마틱 홈페이지] and political theory. Although Charles Sanders Peirce deserves most of the credit for pragmatism and his pragmatic maxim that clarifies the meaning of hypotheses through tracing their practical consequences is the core of the doctrine but the application of the doctrine has since expanded significantly to encompass a variety of views. The doctrine has grown to encompass a variety of views and beliefs, including the notion that a philosophy theory is only valid if it is useful and that knowledge is more than just a representation of the world.<br><br>The pragmatists do not go unnoticed by critics, in spite of their contributions to many areas of philosophy. The pragmatists' rejection of the notion of a priori knowledge has led to a powerful and influential critique of traditional analytical philosophy that has spread beyond philosophy into a myriad of social sciences, including jurisprudence and political science.<br><br>It is still difficult to classify the pragmatist view to law as a description theory. Most judges act as if they are following an empiricist logic that is based on precedent and traditional legal sources for their decisions. However, a legal pragmatist may well argue that this model does not accurately reflect the actual the judicial decision-making process. Consequently, it seems more appropriate to think of the law from a pragmatic perspective as a normative theory that offers an outline of how law should be developed and interpreted.<br><br>What is the Pragmatism Theory of Conflict Resolution?<br><br>Pragmatism is a philosophic tradition that posits knowledge of the world and agency as being inseparable. It has drawn a wide and often contrary range of interpretations. It is often viewed 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.<br><br>The pragmatists sought to insist on the importance of experience and individual consciousness in forming beliefs. They also wanted to correct what they considered to be the mistakes of an outdated philosophical heritage that had altered the work of earlier thinkers. These errors included Cartesianism and Nominalism, and an ignorance of the importance of human reasoning.<br><br>All pragmatists are skeptical about unquestioned and non-experimental pictures of reason. They are therefore wary of any argument which claims that 'it works' or 'we have always done this way' are valid. These statements may be viewed as being too legalistic, naive rationalism and uncritical of past practice by the legal pragmatic.<br><br>Contrary to the classical view of law as an unwritten set of rules The pragmaticist emphasizes the importance of context when making legal decisions. It will also acknowledge the possibility of a variety of ways to describe law, and that these different interpretations must be taken into consideration. This stance, called perspectivalism, can make the legal pragmatist appear less respectful toward precedent and prior endorsed analogies.<br><br>The legal pragmatist's view recognizes that judges do not have access to a core set of rules from which they can make well-reasoned 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 open to changing or even omit a rule of law when it proves unworkable.<br><br>There is no universally agreed-upon picture of a legal pragmaticist, but certain characteristics are common to the philosophical stance. This includes a focus on context and the rejection of any attempt to draw law from abstract principles which are not tested directly in a specific case. The pragmatist also recognizes that law is constantly evolving and  [http://douerdun.com/home.php?mod=space&uid=1183864 프라그마틱 플레이] there can't be a single correct picture.<br><br>What is the Pragmatism Theory of Justice?<br><br>As a theory of judicial procedure, legal pragmatism has been lauded as a way to effect social changes. It has also been criticized for relegating legitimate moral and philosophical disagreements to the realm of legal decision-making. The pragmatist, however, is not interested in relegating philosophical debate to the law and instead takes an approach that is pragmatic to these disputes, which stresses the importance of contextual sensitivity, of an open-ended approach to knowledge, and the willingness to accept that perspectives are inevitable.<br><br>Most legal pragmatists reject an idea of a foundationalist model of legal decision-making and rely upon traditional legal documents to establish the basis for judging current cases. They take the view that cases are not necessarily up to the task of providing a solid enough basis for deducing properly analyzed legal conclusions. 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They tend to argue that by focussing on the way in which a concept is applied and describing its function, and establishing criteria to recognize that a particular concept is useful and that this is the standard that philosophers can reasonably be expecting from the truth theory.<br><br>Other pragmatists, however, have taken a more expansive view of truth that they have described as an objective standard for assertion and inquiry. This perspective combines elements from pragmatism and classical realist and Idealist philosophy. It is also in line with the more pragmatic tradition, which views truth as an objective standard for assertion and inquiry, and not merely a standard for justification or warranted affirmability (or its derivatives). This holistic perspective of truth is called an "instrumental theory of truth" because it seeks only to define truth by the goals and values that guide an individual's interaction with reality.