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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 model of jurisprudence doesn't fit reality, and that legal pragmatism provides a better alternative. Particularly legal pragmatism eschews the idea that correct decisions can be derived from some 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 half of 19th and early 20th centuries. It was the first truly North American philosophical movement (though it is worth noting that there were followers of the contemporaneously developing existentialism who were also known as “pragmatists”). Like 프라그마틱 공식홈페이지 pragmatickr in the history of philosophy the pragmaticists were influenced by a discontent with the state of things in the world and the past. In terms of what pragmatism actually is, it's difficult to pin down a concrete definition. Pragmatism is often associated with its focus on outcomes and results. This is often in contrast to other philosophical traditions that take more of a theoretic view of truth and knowing. Charles Sanders Peirce has been acknowledged as the originator of the philosophy of pragmatism. He believed that only things that can be independently tested and proven through practical experiments is true or real. Peirce also stated that the only true way to understand something was to look at the effects it had on other people. John Dewey, an educator and philosopher who lived from 1859 until 1952, was also a founder pragmatist. He developed an approach that was more holistic to pragmatism that included connections to society, education and 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 more loose definition of what is truth. This was not meant to be a form of relativism however, but rather a way to achieve greater clarity and firmly-justified settled beliefs. This was accomplished by combining practical knowledge with solid reasoning. Putnam developed this neopragmatic view to be described more broadly as internal realists. This was a different approach to the theory of correspondence, which did not seek to create an external God's eye point of view but retained the objectivity of truth within a description or theory. It was an advanced version of the theories of Peirce and James. What is the Pragmatism Theory of Decision-Making? A pragmatist who is a lawyer sees law as a resolving process and not a set of predetermined rules. Therefore, he rejects the classical picture of deductive certainty and focuses on context as a crucial element in making decisions. Furthermore, legal pragmatists believe that the notion of fundamental principles is a misguided notion since generally, any such principles would be discarded by the practical experience. A pragmatist view is superior to a traditional approach to legal decision-making. The pragmatist viewpoint is broad and has inspired numerous theories, including those in philosophy, science, ethics, political theory, sociology and even politics. However, Charles Sanders Peirce deserves most of the credit for pragmatism and his pragmatic principle that clarifies the meaning of hypotheses through the practical consequences they have is the core of the doctrine however, the application of the doctrine has since been expanded to cover a broad range of theories. This includes the notion that the philosophical theory is valid 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 can't be fully expressed. While the pragmatists have contributed to numerous 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 a variety social disciplines including the fields of jurisprudence, political science, and a number of other social sciences. Despite this, it remains difficult to categorize a pragmatist legal theory as a descriptive theory. Most judges act as if they're following an empiricist logical framework that relies on precedent and traditional legal materials to make their decisions. A legal pragmatist, however might argue that this model doesn't capture the true nature of the judicial process. Therefore, it is more sensible to consider a pragmatist view of law as an normative theory that can provide an outline of how law should be interpreted and developed. What is the Pragmatism Theory of Conflict Resolution? Pragmatism is a philosophic tradition that posits the world's knowledge and agency as inseparable. It has been interpreted in many different ways, usually at odds with each other. It is sometimes viewed as a reaction to analytic philosophy whereas at other times, it is viewed as a counter-point to continental thinking. It is a thriving and growing tradition. The pragmatists wanted to insist on the importance of personal experience and consciousness in the formation of beliefs. They also wanted to rectify what they perceived as the flaws of an unsound philosophical heritage that had distorted the work of earlier philosophers. These mistakes included Cartesianism Nominalism and a misunderstanding of the importance of human reason. All pragmatists are skeptical of the unquestioned and non-experimental representations of reason. They are also wary of any argument which claims that 'it works' or 'we have always done it this way' are legitimate. These assertions could be seen as being too legalistic, uninformed rationalism and uncritical of practices of the past by the legal pragmatist. Contrary to the classical conception of law as an unwritten set of rules the pragmaticist emphasizes the importance of context when making legal decisions. It will also acknowledge that there are multiple ways of describing the law and that the diversity is to be respected. This perspective, referred to as perspectivalism, can make the legal pragmatic appear less deferential to precedent and previously accepted analogies. The legal pragmatist's perspective acknowledges that judges don't have access to a basic set of principles from which they could make well-considered decisions in all cases. The pragmatist therefore wants to emphasize the importance of knowing the facts before making a final decision, and is willing to change a legal rule in the event that it isn't working. There isn't a universally agreed picture of a legal pragmaticist however, certain traits are characteristic of the philosophical position. These include an emphasis on context and the rejection of any attempt to deduce law from abstract principles that are not directly tested in a particular case. In addition, the pragmatist will realize that the law is always changing and that there can be no one right picture of it. What is Pragmatism's Theory of Justice? Legal pragmatics as a judicial system has been lauded for its ability to effect social changes. But it has also been criticized as an attempt to avoid legitimate philosophical and moral disagreements and delegating them to the realm of legal decision-making. The pragmatic is not interested in relegating philosophical debates to the realm of law. Instead, he prefers a pragmatic and open-ended approach, and recognizes that the existence of perspectives is inevitable. Most legal pragmatists reject the notion of foundational legal decision-making, and instead rely on traditional legal material to judge current cases. They believe that cases aren't adequate for providing a firm enough foundation for deducing properly analyzed legal conclusions. Therefore, they must be supplemented by other sources, including previously recognized analogies or principles from precedent. The legal pragmatist rejects the idea of a set or overarching fundamental principles that can be used to determine correct decisions. She claims that this would make it simpler for judges, who can base their decisions on predetermined rules in order to make their decisions. Many legal pragmatists, because of the skepticism typical of neopragmatism, and its anti-realism, have taken an elitist stance toward the concept of truth. They have tended to argue that by focussing on the way in which a concept is applied in describing its meaning and setting criteria that can be used to establish that a certain concept serves this purpose and that this is the standard that philosophers can reasonably expect from a truth theory. Some pragmatists have taken a more expansive view of truth that they have described as an objective standard for asserting and questioning. This approach combines elements of pragmatism and classical realist and Idealist philosophy. It is also in line with the larger pragmatic tradition, which views truth as a definite standard for assertion and inquiry, and not just a standard of justification or warranted affirmability (or its derivatives). This holistic view of truth has been called an “instrumental theory of truth” since it seeks to define truth in terms of the purposes and values that guide one's interaction with reality.