Pragmatism Logic And Law

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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.

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.

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

Native Pragmatism

Author : Scott L. Pratt
Publisher : Indiana University Press
ISBN 13 : 9780253108906
Total Pages : 342 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Native Pragmatism by : Scott L. Pratt

Download or read book Native Pragmatism written by Scott L. Pratt and published by Indiana University Press. This book was released on 2002-04-01 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pragmatism is America's most distinctive philosophy. Generally it has been understood as a development of European thought in response to the "American wilderness." A closer examination, however, reveals that the roots and central commitments of pragmatism are indigenous to North America. Native Pragmatism recovers this history and thus provides the means to re-conceive the scope and potential of American philosophy. Pragmatism has been at best only partially understood by those who focus on its European antecedents. This book casts new light on pragmatism's complex origins and demands a rethinking of African American and feminist thought in the context of the American philosophical tradition. Scott L. Pratt demonstrates that pragmatism and its development involved the work of many thinkers previously overlooked in the history of philosophy.

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 gives a full account of each of these modes of legal thought, with particular attention to the versions of them promulgated by their influential exponents Christopher Columbus Langdell and Oliver Wendell Holmes, Jr. Grey argues that legal pragmatism as understood by Holmes is the best jurisprudential framework for a modern legal system. He enriches his theoretical account with treatments of central issues in three important areas of law in the United States: constitutional interpretation, property, and torts.

Introducing Pragmatism

Author : Cornelis de Waal
Publisher : Routledge
ISBN 13 : 1000428427
Total Pages : 289 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Introducing Pragmatism by : Cornelis de Waal

Download or read book Introducing Pragmatism written by Cornelis de Waal and published by Routledge. This book was released on 2021-08-30 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique introduction fully engages and clearly explains pragmatism, an approach to knowledge and philosophy that rejects outmoded conceptions of objectivity while avoiding relativism and subjectivism. It follows pragmatism’s focus on the process of inquiry rather than on abstract justifications meant to appease the skeptic. According to pragmatists, getting to know the world is a creative human enterprise, wherein we fashion our concepts in terms of how they affect us practically, including in future inquiry. This book fully illuminates that enterprise and the resulting radical rethinking of basic philosophical conceptions like truth, reality, and reason. Author Cornelis de Waal helps the reader recognize, understand, and assess classical and current pragmatist contributions—from Charles S. Peirce to Cornel West—evaluate existing views from a pragmatist angle, formulate pragmatist critiques, and develop a pragmatist viewpoint on a specific issue. The book discusses: Classical pragmatists, including Peirce, James, Dewey, and Addams; Contemporary figures, including Rorty, Putnam, Haack, and West; Connections with other twentieth-century approaches, including phenomenology, critical theory, and logical positivism; Peirce’s pragmatic maxim and its relation to James’s Will to Believe; Applications to philosophy of law, feminism, and issues of race and racism.

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.

Cambridge Pragmatism

Author : Cheryl Misak
Publisher : Oxford University Press
ISBN 13 : 0191020044
Total Pages : 342 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Cambridge Pragmatism by : Cheryl Misak

Download or read book Cambridge Pragmatism written by Cheryl Misak and published by Oxford University Press. This book was released on 2016-08-12 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cheryl Misak offers a strikingly new view of the development of philosophy in the twentieth century. Pragmatism, the home-grown philosophy of America, thinks of truth not as a static relation between a sentence and the believer-independent world, but rather, a belief that works. The founders of pragmatism, Peirce and James, developed this idea in more (Peirce) and less (James) objective ways. The standard story of the reception of American pragmatism in England is that Russell and Moore savaged James's theory, and that pragmatism has never fully recovered. An alternative, and underappreciated, story is told here. The brilliant Cambridge mathematician, philosopher and economist, Frank Ramsey, was in the mid-1920s heavily influenced by the almost-unheard-of Peirce and was developing a pragmatist position of great promise. He then transmitted that pragmatism to his friend Wittgenstein, although had Ramsey lived past the age of 26 to see what Wittgenstein did with that position, Ramsey would not have like what he saw.

The Practical Turn

Author : Cheryl Misak
Publisher : Oxford University Press, USA
ISBN 13 : 9780197266168
Total Pages : 400 pages
Book Rating : 4.2/5 (661 download)

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Book Synopsis The Practical Turn by : Cheryl Misak

Download or read book The Practical Turn written by Cheryl Misak and published by Oxford University Press, USA. This book was released on 2018-02 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: American pragmatism, born in the 1870s in Cambridge, Massachusetts, has as its central insight the idea that our philosophical concepts of truth, knowledge, probability, and so on must start with, and remain linked to, human experience and inquiry. This book traces and assesses the strong influence of American pragmatism on British philosophy, with particular emphasis on Cambridge during the inter-war period, on post-war Oxford, and on recent developments. Most philosophers would say that American pragmatism received only a hostile reception in England when the ideas first travelled across the Atlantic. But this volume argues that the movement of pragmatist ideas in Britain was a strong and important current, cutting new channels to fruitful ways of thinking about philosophy's most profound problems. Its ideas have found a home in the work of Wittgenstein, Ramsey, Anscombe and, more recently, Simon Blackburn and Huw Price.

The Problems of Jurisprudence

Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 9780674708761
Total Pages : 524 pages
Book Rating : 4.7/5 (87 download)

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Book Synopsis The Problems of Jurisprudence by : Richard A. Posner

Download or read book The Problems of Jurisprudence written by Richard A. Posner and published by Harvard University Press. This book was released on 1990 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Richard A. Posner examines how judges go about making difficult decisions. Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. -- Adapted from Amazon.com summary.

The Jurisprudence of Style

Author : Justin Desautels-Stein
Publisher : Cambridge University Press
ISBN 13 : 1107156653
Total Pages : 319 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Jurisprudence of Style by : Justin Desautels-Stein

Download or read book The Jurisprudence of Style written by Justin Desautels-Stein and published by Cambridge University Press. This book was released on 2018-02-22 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a structuralist critique of the relationship between pragmatism and liberalism in American legal thought.

Pragmatism

Author : Russell B. Goodman
Publisher : Psychology Press
ISBN 13 : 9780415909105
Total Pages : 332 pages
Book Rating : 4.9/5 (91 download)

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Book Synopsis Pragmatism by : Russell B. Goodman

Download or read book Pragmatism written by Russell B. Goodman and published by Psychology Press. This book was released on 1995 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 1996. This work presents material for understanding pragmatism's contemporary revival. The contributors consider philosophical issues ranging from the distinction between truth, knowledge and the meaning of literature to the practice of reading.

Pragmatism and Democracy

Author : Dmitri N. Shalin
Publisher : Routledge
ISBN 13 : 1351497227
Total Pages : 643 pages
Book Rating : 4.3/5 (514 download)

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Book Synopsis Pragmatism and Democracy by : Dmitri N. Shalin

Download or read book Pragmatism and Democracy written by Dmitri N. Shalin and published by Routledge. This book was released on 2017-09-08 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the roots of pragmatist imagination and traces the influence of American pragmatism in diverse areas of politics, law, sociology, political science, and transitional studies. The work explores the interfaces between the Progressive movement in politics and American pragmatism. Shalin shows how early 20th century progressivism influenced pragmatism's philosophical agenda and how pragmatists helped articulate a theory of progressive reform. The work addresses pragmatism and interactionist sociology and illuminates the cross-fertilization between these two fields of studies. Special emphasis is placed on the interactionists' search for a logic of inquiry sensitive to the objective indeterminacy of the situation. The challenge that contemporary interactionist studies face is to illuminate the issues of power and inequality central to the political commitments of pragmatist philosophers. Shalin explores the vital link between democracy, civility, and affect. His central thesis is that democracy is an embodied process that binds affectively as well as rhetorically and that flourishes in places where civic discourse is an end in itself, a source of vitality and social creativity sustaining a democratic community. The author shows why civic discourse is hobbled by the civic body that has been misshapen by past abuses. Drawing on the studies of the civilizing process, Shalin speculates about the emotion, demeanor, and body language of democracy and explores from this angle the prospects for democratic transformation in countries struggling to shake their totalitarian past. View Table of Contents

Pragmatism as a Principle and Method of Right Thinking

Author : Charles Sanders Peirce
Publisher : SUNY Press
ISBN 13 : 9780791432655
Total Pages : 322 pages
Book Rating : 4.4/5 (326 download)

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Book Synopsis Pragmatism as a Principle and Method of Right Thinking by : Charles Sanders Peirce

Download or read book Pragmatism as a Principle and Method of Right Thinking written by Charles Sanders Peirce and published by SUNY Press. This book was released on 1997-01-01 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study edition of Charles Sanders Peirce's manuscripts for lectures on pragmatism given in spring 1903 at Harvard University. Excerpts from these writings have been published elsewhere but in abbreviated form. Turrisi has edited the manuscripts for publication and has written a series of notes that illuminate the historical, scientific, and philosophical contexts of Peirce's references in the lectures. She has also written a Preface that describes the manner in which the lectures came to be given, including an account of Peirce's life and career pertinent to understanding the philosopher himself. Turrisi's introduction interprets Peirce's brand of pragmatism within his system of logic and philosophy of science as well as within general philosophical principles.

The Threats of Algorithms and AI to Civil Rights, Legal Remedies, and American Jurisprudence

Author : Alfred R. Cowger
Publisher : Rowman & Littlefield
ISBN 13 : 1793622922
Total Pages : 277 pages
Book Rating : 4.7/5 (936 download)

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Book Synopsis The Threats of Algorithms and AI to Civil Rights, Legal Remedies, and American Jurisprudence by : Alfred R. Cowger

Download or read book The Threats of Algorithms and AI to Civil Rights, Legal Remedies, and American Jurisprudence written by Alfred R. Cowger and published by Rowman & Littlefield. This book was released on 2020-10-06 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Threats of Algorithms and A.I. to Civil Rights, Legal Remedies, and American Jurisprudence addresses the many threats to American jurisprudence caused by the growing use of algorithms and artificial intelligence (A.I.). Although algorithms prove valuable to society, that value may also lead to the destruction of the foundations of American jurisprudence by threatening constitutional rights of individuals, creating new liabilities for business managers and board members, disrupting commerce, interfering with long-standing legal remedies, and causing chaos in courtrooms trying to adjudge lawsuits. Alfred R. Cowger, Jr. explains these threats and provides potential solutions for both the general public and legal practitioners. Scholars of legal studies, media studies, and political science will find this book particularly useful.

Pragmatism, Old And New

Author : Susan Haack
Publisher : Prometheus Books
ISBN 13 : 1615921702
Total Pages : 741 pages
Book Rating : 4.6/5 (159 download)

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Book Synopsis Pragmatism, Old And New by : Susan Haack

Download or read book Pragmatism, Old And New written by Susan Haack and published by Prometheus Books. This book was released on 2011-02-10 with total page 741 pages. Available in PDF, EPUB and Kindle. Book excerpt: Morris R. Cohen once described pragmatism as "a philosophy for people who cannot think"; and Bertrand Russell feared that pragmatism would lead philosophy into "cosmic impiety." Nothing could be further from the truth. Pragmatism was one of the most fruitful philosophical movements of the late nineteenth century, and has continued to be a significant influence on some of the major figures in philosophy - F. P. Ramsey, W. V. Quine, Sidney Hook, Nelson Goodman, Hilary Putnam, and many others.Today some even speak of a remarkable renaissance of pragmatism. Very often, though, what they have in mind is not the rich heritage of the classical pragmatist tradition, but a radical self-styled neo-pragmatism that has of late transmuted the reformist aspirations of classical pragmatism into a kind of revolutionary anti-intellectualism - a radical neo-pragmatism that seems to confirm Russell''s worst fears.Asking what we can learn from the older pragmatist tradition, and what we can salvage from the intellectual shipwreck of the new, Susan Haack, with the assistance of Robert Lane, has put together a wide-ranging anthology that tells the story of the evolution of pragmatism from its origins in C. S. Peirce''s hopes of making philosophy more scientific and William James''s of "unstiffening our theories," to the radical literary-political neo-pragmatism recently popularized by Richard Rorty. Opening with a history of pragmatism from its inception to the present day, and closing with Haack''s famous "interview" with Peirce and Rorty, the book presents a broad and diverse selection of pragmatist writings - classical and contemporary, reformist and revolutionary - on logic, metaphysics, theory of inquiry, philosophy of mind, philosophy of religion, aesthetics, philosophy of education, and moral, social, and political philosophy.

Pragmatism and Justice

Author : Susan Dieleman
Publisher : Oxford University Press
ISBN 13 : 0190459239
Total Pages : 353 pages
Book Rating : 4.1/5 (94 download)

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Book Synopsis Pragmatism and Justice by : Susan Dieleman

Download or read book Pragmatism and Justice written by Susan Dieleman and published by Oxford University Press. This book was released on 2017 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume answer to anxieties that the pragmatist tradition has had little to say about justice. While both the classical and neo-pragmatist traditions have produced a conspicuously small body of writing about the idea of justice, a common subtext of the essays in this volume is that there is in pragmatist thought a set of valuable resources for developing pragmatist theories of justice, for responding profitably to concrete injustices, and for engaging with contemporary, prevailing, liberal theories of justice. Despite the absence of conventionally philosophical theories of justice in the pragmatist canon, the writings of many pragmatists demonstrate an obvious sensitivity and responsiveness to injustice. Many pragmatists were and are moved by a deep sense of justice-by an awareness of the suffering of people, by the need to build just institutions, and a search for a tolerant and non-discriminatory culture that regards all people as equals. Three related and mutually reinforcing ideas to which virtually all pragmatists are committed can be discerned: a prioritization of concrete problems and real-world injustices ahead of abstract precepts; a distrust of a priori theorizing (along with a corresponding fallibilism and methodological experimentalism); and a deep and persistent pluralism, both in respect to what justice is and requires, and in respect to how real-world injustices are best recognized and remedied. Ultimately, Pragmatism and Justice asserts that pragmatism gives us powerful resources for understanding the idea of justice more clearly and responding more efficaciously to a world rife with injustice.