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Pragmatism and the Illegal Pragmatism is a descriptive and normative theory. As a descriptive theory, it claims that the classical picture of jurisprudence does not reflect reality and that pragmatism in law provides a more realistic alternative. In particular, legal pragmatism rejects the notion that good decisions can be deduced from a fundamental principle or principle. Instead, it advocates a pragmatic approach based on context, and the process of experimentation. What is Pragmatism? The pragmatism philosophy emerged in the latter half of 19th and early 20th centuries. It was the first fully North American philosophical movement (though it should be noted that there were also followers of the existentialism movement that was developing at the time who were also referred to as “pragmatists”). Like many other major movements in the history of philosophy the pragmaticists were motivated by discontent with the state of things in the world and the past. It is difficult to provide an exact definition of the term “pragmatism. One of the main features that is often identified as pragmatism is that it focuses on results and the consequences. This is often in contrast to other philosophical traditions that take an a more theoretical approach to truth and knowing. Charles Sanders Peirce is credited with being the founder of pragmatic thinking in the context of philosophy. He argued that only what could be independently verified and proven through practical tests was believed to be authentic. In addition, Peirce emphasized that the only way to understand the significance of something was to find its effects on other things. Another pragmatist who was a founding figure was John Dewey (1859-1952), who was both an educator as well as a philosopher. He developed a more comprehensive approach to pragmatism, which included connections to education, society, art, and politics. He was influenced by Peirce, and the German idealists Wilhelm von Humboldt und Friedrich Hegel. The pragmatists had a more loose definition of what is truth. This was not meant to be a relativism, but an attempt to gain clarity and a solidly-based settled belief. This was achieved by combining practical experience with solid reasoning. Putnam extended this neopragmatic method to be more widely described as internal Realism. This was a different approach to correspondence theories of truth that dispensed with the aim of attaining an external God's-eye point of view while retaining the objectivity of truth, but within a description or theory. It was an improved version of the theories of Peirce and James. What is Pragmatism's Theory of Decision-Making? A pragmatist in the field of law views law as a problem-solving activity, not a set of predetermined rules. He or she does not believe in the traditional view of deductive certainty and instead emphasizes context in decision-making. Legal pragmatists also argue that the notion of fundamental principles is a misguided notion since, as a general rule the principles that are based on them will be devalued by practical experience. Thus, a pragmatist approach is superior to the classical conception of legal decision-making. The pragmatist viewpoint is broad and has led to the development of numerous theories that include those of philosophy, science, ethics and political theory, sociology and even politics. While Charles Sanders Peirce deserves most of the credit for pragmatism, and his pragmatic maxim that clarifies the meaning of hypotheses through the practical consequences they have – is its central core but the application of the doctrine has expanded to cover a broad range of perspectives. This includes the belief that a philosophical theory is true if and only if it has useful implications, the belief that knowledge is primarily a process of transacting with, not the representation of nature and the idea that language articulated is a deep bed of shared practices which cannot be fully formulated. Although the pragmatists have contributed to numerous areas of philosophy, they are not without critics. The pragmatists' rejection of the notion of a priori knowledge has given rise to an influential and effective critique of traditional analytical philosophy, which has spread beyond philosophy to a variety of social disciplines, such as the study of jurisprudence as well as political science. It isn't easy to categorize the pragmatist approach to law as a description theory. The majority of judges behave as if they are 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 dynamic of judicial decisions. It is more logical to think of a pragmatist approach to law as a normative model which provides an outline of how law should evolve and be applied. What is the Pragmatism Theory of Conflict Resolution? Pragmatism is a philosophical tradition that understands knowledge of the world as inseparable from agency within it. It has drawn a wide and often contradictory range of interpretations. It is often seen as a response to analytic philosophy, while at other times, it is seen as an alternative to continental thought. It is an emerging tradition that is and growing. The pragmatists were keen to emphasize the importance of experience and the significance of the individual's consciousness in the formation of belief. 프라그마틱 체험 sought to correct what they perceived as the flaws of a flawed philosophical tradition that had distorted the work of earlier thinkers. These mistakes included Cartesianism Nominalism, and a misunderstood of the role of human reason. All pragmatists reject untested and non-experimental images of reasoning. They are therefore cautious of any argument which claims that 'it works' or 'we have always done this way' are valid. For the pragmatist in the field of law, these statements could be interpreted as being overly legalistic, naively rationalist and not critical of the previous practices. Contrary to the traditional picture of law as a set of deductivist principles, the pragmaticist will stress the importance of the context of legal decision-making. It will also acknowledge that there are multiple ways to describe the law and that this variety is to be respected. This perspective, called perspectivalism, may make the legal pragmatic appear less deferential to precedents and previously accepted analogies. The legal pragmatist's view recognizes that judges do not have access to a basic set of fundamentals from which they can make well-reasoned decisions in all instances. The pragmatist will therefore be keen to stress the importance of understanding the case prior to making a final decision and is willing to change a legal rule when it isn't working. Although there isn't an agreed definition of what a pragmatist in the legal field should be, there are certain features that tend to define this philosophical stance. These include an emphasis on context and a rejection of any attempt to draw law from abstract principles that are not directly tested in a specific instance. Additionally, the pragmatic will recognise that the law is always changing and 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 effect social change. However, it has also been criticized as a way of sidestepping legitimate moral and philosophical disputes, by placing them in 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 in these disputes that emphasizes the importance of contextual sensitivity, of an open-ended approach to knowledge, and the willingness to accept that the existence of perspectives is inevitable. Most legal pragmatists reject an idea of a foundationalist model of legal decision-making, and rely on traditional legal materials to provide the basis for judging present cases. They believe that the case law alone are not enough to provide a solid foundation to properly analyze legal conclusions. Therefore, they must add additional sources such as analogies or concepts derived from precedent. The legal pragmatist also disapproves of the idea that good decisions can be derived from some overarching set of fundamental principles in the belief that such a scenario would make judges too easy to base their decisions on predetermined “rules.” Instead she favors a method that recognizes the irresistible influence of the context. In light of the skepticism and anti-realism that characterize the neo-pragmatists, many have taken a more deflationist position toward the notion of truth. By focusing on the way a concept is used and describing its purpose, and establishing criteria to recognize that a concept has that purpose, they've generally argued that this is all that philosophers can reasonably expect from a theory of truth. Other pragmatists have taken a much broader approach to truth that they have described as an objective standard for asserting and questioning. This view combines elements of pragmatism and classical realist and Idealist philosophical theories. It is also in line with the wider pragmatic tradition, which views truth as an objective standard for assertion and inquiry, and not just a measure of justification or warranted affirmability (or its derivatives). This holistic view of truth has been described as an “instrumental theory of truth” since it seeks to define truth by the goals and values that guide our interaction with the world.