Legal Pragmatism

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Law, Pragmatism, and Democracy

Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 9780674042292
Total Pages : 428 pages
Book Rating : 4.0/5 (422 download)

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Book Synopsis Law, Pragmatism, and Democracy by : Richard A. Posner

Download or read book Law, Pragmatism, and Democracy written by Richard A. Posner and published by Harvard University Press. This book was released on 2009-07-01 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.

Legal Pragmatism

Author : Michael Sullivan
Publisher : Indiana University Press
ISBN 13 : 0253116988
Total Pages : 178 pages
Book Rating : 4.2/5 (531 download)

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Book Synopsis Legal Pragmatism by : Michael Sullivan

Download or read book Legal Pragmatism written by Michael Sullivan and published by Indiana University Press. This book was released on 2007-06-14 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Legal Pragmatism, Michael Sullivan looks closely at the place of the individual and community in democratic society. After mapping out a brief history of American legal thinking regarding rights, from communitarianism to liberalism, Sullivan gives a rich and nuanced account of how pragmatism worked to resolve conflicts of self-interest and community well-being. Sullivan's view of pragmatism provides a comprehensive framework for understanding democracy, as well as issues such as health care, education, gay marriage, and illegal immigration that will determine its character in the future. Legal Pragmatism is a bold, carefully argued book that presents a unique understanding of contemporary society, law, and politics.

Pragmatism and Law

Author : Michal Alberstein
Publisher : Routledge
ISBN 13 : 1351909282
Total Pages : 546 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Pragmatism and Law by : Michal Alberstein

Download or read book Pragmatism and Law written by Michal Alberstein and published by Routledge. This book was released on 2017-03-02 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pragmatism and Law provides a textual reading of the American legal discourse, as it unfolds through various genres of pragmatism, which evolve and transform during the twentieth century. The historical narrative, which the book weaves, traces the transformation of the pragmatic idea from the forefront of philosophical intellectual inquiries at the turn of the twentieth century to a common sense lawyers’ practical rule of action at the turn of the twenty-first century. During this sequence, a fresh look at American history and legal history in particular is offered through the emphasis on recurring discursive structures which assume incommensurable treatments of basic liberal notions like justice, politics, and truth. Underlying the writing is an interpretative mode of inquiry, based on European post-structural methodologies, while claiming to represent their next intellectual phase. This contemporary mode of inquiry is that of a reading which insists on healing through the paradoxes. It is the same mode that sets, in the author’s view, the updated interpretative model of dispute resolution studies.

Pragmatism, Logic, and Law

Author : Frederic Kellogg
Publisher : Rowman & Littlefield
ISBN 13 : 1793616981
Total Pages : 203 pages
Book Rating : 4.7/5 (936 download)

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Book Synopsis Pragmatism, Logic, and Law by : Frederic Kellogg

Download or read book Pragmatism, Logic, and Law written by Frederic Kellogg and published by Rowman & Littlefield. This book was released on 2020-12-10 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pragmatism, Logic and Law offers a view of legal pragmatism consistent with pragmatism writ large, tracing it from origins in late 19th century America to the present, covering various issues, legal cases, personalities, and relevant intellectual movements within and outside law. It addresses pragmatism’s relation to legal liberalism, legal positivism, natural law, critical legal studies (CLS), and post-Rorty “neopragmatism.” It views legal pragmatism as an exemplar of pragmatism’s general contribution to logical theory, which bears two connections to the western philosophical tradition: first, it extends Francis Bacon’s empiricism into contemporary aspects of scientific and legal experience, and second, it is an explicitly social reconstruction of logical induction. Both notions were articulated by John Dewey, and both emphasize the social or corporate element of human inquiry. Empiricism is informed by social as well as individual experience (which includes the problems of conflict and consensus). Rather than following the Aristotelian model of induction as immediate inference from particulars to generals, a model that assumes a consensual objective viewpoint, pragmatism explores the actual, and extended, process of corporate inference from particular experience to generalization, in law as in science. This includes the necessary process of resolving disagreement and finding similarity among relevant particulars.

Pragmatism, Law, and Language

Author : Graham Hubbs
Publisher : Routledge
ISBN 13 : 1135086036
Total Pages : 327 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Pragmatism, Law, and Language by : Graham Hubbs

Download or read book Pragmatism, Law, and Language written by Graham Hubbs and published by Routledge. This book was released on 2013-11-12 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume puts leading pragmatists in the philosophy of language, including Robert Brandom, in contact with scholars concerned with what pragmatism has come to mean for the law. Each contribution uses the resources of pragmatism to tackle fundamental problems in the philosophy of language, the philosophy of law, and social and political philosophy. In many chapters, the version of pragmatism deployed proves a fruitful approach to its subject matter; in others, shortcomings of the specific brand of pragmatism are revealed. The result is a clearer understanding of what pragmatism has meant and can mean across these tightly related philosophical areas. The book, then, is itself pragmatism in action: it seeks to clarify its unifying concept by examining the practices that centrally involve it.

Renascent Pragmatism

Author : Alfonso Morales
Publisher : Taylor & Francis
ISBN 13 : 1351904310
Total Pages : 279 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Renascent Pragmatism by : Alfonso Morales

Download or read book Renascent Pragmatism written by Alfonso Morales and published by Taylor & Francis. This book was released on 2017-07-05 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pragmatism is experiencing a resurgence in law, philosophy and social science, with pragmatists seeking a consistent, comprehensive and productive understanding of social life. In its four sections Renascent Pragmatism aids the reinvigoration of pragmatism as an important intellectual tradition and contributor to inquiry and change in social life. The book is a first of its kind for combining essays on theory, method, public policy and empirical scholarship, presenting contributions from philosophers, legal scholars and social scientists. Throughout the book, the concrete linkage between policy, theory and method is emphasized, while recognizing the philosophical tradition in which the inquiries and prescriptions rest.

The Revival of Pragmatism

Author : Morris Dickstein
Publisher : Duke University Press
ISBN 13 : 0822382520
Total Pages : 466 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis The Revival of Pragmatism by : Morris Dickstein

Download or read book The Revival of Pragmatism written by Morris Dickstein and published by Duke University Press. This book was released on 1998-11-23 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although long considered the most distinctive American contribution to philosophy, pragmatism—with its problem-solving emphasis and its contingent view of truth—lost popularity in mid-century after the advent of World War II, the horror of the Holocaust, and the dawning of the Cold War. Since the 1960s, however, pragmatism in many guises has again gained prominence, finding congenial places to flourish within growing intellectual movements. This volume of new essays brings together leading philosophers, historians, legal scholars, social thinkers, and literary critics to examine the far-reaching effects of this revival. As the twenty-five intellectuals who take part in this discussion show, pragmatism has become a complex terrain on which a rich variety of contemporary debates have been played out. Contributors such as Richard Rorty, Stanley Cavell, Nancy Fraser, Robert Westbrook, Hilary Putnam, and Morris Dickstein trace pragmatism’s cultural and intellectual evolution, consider its connection to democracy, and discuss its complex relationship to the work of Emerson, Nietzsche, and Wittgenstein. They show the influence of pragmatism on black intellectuals such as W. E. B. Du Bois, explore its view of poetic language, and debate its effects on social science, history, and jurisprudence. Also including essays by critics of the revival such as Alan Wolfe and John Patrick Diggins, the volume concludes with a response to the whole collection from Stanley Fish. Including an extensive bibliography, this interdisciplinary work provides an in-depth and broadly gauged introduction to pragmatism, one that will be crucial for understanding the shape of the transformations taking place in the American social and philosophical scene at the end of the twentieth century. Contributors. Richard Bernstein, David Bromwich, Ray Carney, Stanley Cavell, Morris Dickstein, John Patrick Diggins, Stanley Fish, Nancy Fraser, Thomas C. Grey, Giles Gunn, Hans Joas, James T. Kloppenberg, David Luban, Louis Menand, Sidney Morgenbesser, Richard Poirier, Richard A. Posner, Ross Posnock, Hilary Putnam, Ruth Anna Putnam, Richard Rorty, Michel Rosenfeld, Richard H. Weisberg, Robert B. Westbrook, Alan Wolfe

Realistic Socio-legal Theory

Author : Brian Z. Tamanaha
Publisher : Oxford University Press
ISBN 13 : 9780198265603
Total Pages : 304 pages
Book Rating : 4.2/5 (656 download)

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Book Synopsis Realistic Socio-legal Theory by : Brian Z. Tamanaha

Download or read book Realistic Socio-legal Theory written by Brian Z. Tamanaha and published by Oxford University Press. This book was released on 1997 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining philosophical pargmatism with a methodological foundation, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area.Thus Tamanaha explores the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. These issues are tackled in a clear andconcise fashion while articulating a social theory of law which draws equally from legal theory and socio-legal theory.

Formalism and Pragmatism in American Law

Author : Thomas C. Grey
Publisher : BRILL
ISBN 13 : 9004272895
Total Pages : 270 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Formalism and Pragmatism in American Law by : Thomas C. Grey

Download or read book Formalism and Pragmatism in American Law written by Thomas C. Grey and published by BRILL. This book was released on 2014-09-03 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Formalism and Pragmatism in American Law Thomas Grey analyzes how these two influential modes of legal thought have influenced law in the United States since the late 19th Century.

The Judicial Process

Author : E. W. Thomas
Publisher : Cambridge University Press
ISBN 13 : 9781139446983
Total Pages : 448 pages
Book Rating : 4.4/5 (469 download)

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Book Synopsis The Judicial Process by : E. W. Thomas

Download or read book The Judicial Process written by E. W. Thomas and published by Cambridge University Press. This book was released on 2005-09-15 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the absence of a sound conception of the judicial role, judges at present can be said to be 'muddling along'. They disown the declaratory theory of law but continue to behave and think as if it had not been discredited. Much judicial reasoning still exhibits an unquestioning acceptance of positivism and a 'rulish' predisposition. Formalistic thinking continues to exert a perverse influence on the legal process. This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times. Founded on the truism that the law exists to serve society, and adopting the twin criteria of justice and contemporaneity with the times, a judicial methodology is developed which is realistic and pragmatic and which embraces a revised conception of practical reasoning, including in that conception a critical role for legal principles.

The Fog of Law

Author : Michael J. Glennon
Publisher : Stanford Law Books
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Fog of Law by : Michael J. Glennon

Download or read book The Fog of Law written by Michael J. Glennon and published by Stanford Law Books. This book was released on 2010 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A most timely contribution that provokes important reflections, whatever one's perspective on the rule of law or the limits of international law. This book deserves to be read widely in the United States and, even more so, beyond its shores, to understand the politics of pragmatism."---Philippe Sands, University College London --

Habermas and Pragmatism

Author : Mitchell Aboulafia
Publisher : Psychology Press
ISBN 13 : 9780415234597
Total Pages : 260 pages
Book Rating : 4.2/5 (345 download)

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Book Synopsis Habermas and Pragmatism by : Mitchell Aboulafia

Download or read book Habermas and Pragmatism written by Mitchell Aboulafia and published by Psychology Press. This book was released on 2002 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigates the influences of pragmatism on Habermas' thought. The essays cover subjects including philosophy of language, democracy, nature of rationality and social theory.

The Problematics of Moral and Legal Theory

Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 9780674042230
Total Pages : 338 pages
Book Rating : 4.0/5 (422 download)

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Book Synopsis The Problematics of Moral and Legal Theory by : Richard A. Posner

Download or read book The Problematics of Moral and Legal Theory written by Richard A. Posner and published by Harvard University Press. This book was released on 2009-06-01 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.

Pragmatism In Law And Society

Author : Michael Brint
Publisher : Westview Press
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Pragmatism In Law And Society by : Michael Brint

Download or read book Pragmatism In Law And Society written by Michael Brint and published by Westview Press. This book was released on 1991-12-29 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: A work which addresses the question: What constructive role can pragmatism play, either in structuring public debate or in dealing with life'. The contributors examine what pragmatism can offer in the way of a positive social programme in the field of law and political science.

How Judges Think

Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 0674033833
Total Pages : 399 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis How Judges Think by : Richard A. Posner

Download or read book How Judges Think written by Richard A. Posner and published by Harvard University Press. This book was released on 2010-05-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

Eco-pragmatism

Author : Daniel A. Farber
Publisher : University of Chicago Press
ISBN 13 : 9780226238074
Total Pages : 228 pages
Book Rating : 4.2/5 (38 download)

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Book Synopsis Eco-pragmatism by : Daniel A. Farber

Download or read book Eco-pragmatism written by Daniel A. Farber and published by University of Chicago Press. This book was released on 2000-05 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eco-pragmatism takes on the most critical controversies in environmental law today: how to weigh economic costs against environmental quality and human life, how to assess the long time horizons of environmental problems, and how to make appropriate decisions in the face of scientific uncertainty about the scope (or even the existence) of environmental problems. Farber discusses whether (and how) we should "discount" the values of future environmental benefits, how we should use economic measurements of environmental values, and how we can streamline the regulatory process to respond to rapidly changing scientific knowledge. The result is a pragmatic decision-making framework that is flexible enough to accommodate the unique challenges each case presents.

Law, Pragmatism, and Democracy

Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 0674042298
Total Pages : 416 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Law, Pragmatism, and Democracy by : Richard A. Posner

Download or read book Law, Pragmatism, and Democracy written by Richard A. Posner and published by Harvard University Press. This book was released on 2005-10-31 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.