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.

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.

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

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.

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.

Conservatism and Pragmatism

Author : S. Vannatta
Publisher : Springer
ISBN 13 : 1137466839
Total Pages : 277 pages
Book Rating : 4.1/5 (374 download)

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Book Synopsis Conservatism and Pragmatism by : S. Vannatta

Download or read book Conservatism and Pragmatism written by S. Vannatta and published by Springer. This book was released on 2014-11-25 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conservatism and Pragmatism illustrates the intersections between classical British Conservative thought and classical American Pragmatist philosophy with regard to methodology in politics, ethics, and law.

Pragmatism, Law, and Language

Author : Graham Hubbs
Publisher : Routledge
ISBN 13 : 1135086109
Total Pages : 365 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 365 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.

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.

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.

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.

A Philosophy of Culture

Author : Morton White
Publisher : Princeton University Press
ISBN 13 : 1400825350
Total Pages : 212 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis A Philosophy of Culture by : Morton White

Download or read book A Philosophy of Culture written by Morton White and published by Princeton University Press. This book was released on 2009-02-09 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, one of America's leading philosophers offers a sweeping reconsideration of the philosophy of culture in the twentieth century. Morton White argues that the discipline is much more important than is often recognized, and that his version of holistic pragmatism can accommodate its breadth. Going beyond Quine's dictum that philosophy of science is philosophy enough, White suggests that it should contain the word "culture" in place of "science." He defends the holistic view that scientific belief is tested by experience but that such testing is rightly applied to systems or conjunctions of beliefs, not isolated beliefs. He adds, however, that we test ethical systems by appealing to feelings of moral obligation as well as to sensory experiences. In the course of his lucidly written analysis, White treats central issues in the philosophy of science, of religion, of art, of history, of law, of politics, and of morality. While doing so he examines the views of Quine, Tarski, Goodman, and Rawls, and shows how they are related to the approaches of Peirce, James, Duhem, Russell, Dewey, Carnap, and the later Wittgenstein. He also discusses the ideas of the legal philosophers Holmes and Hart from a holistic standpoint. White demonstrates how his version of pragmatism bridges the traditional gulf between analytic and synthetic truth as well as that between moral and scientific belief. Indeed, the high point of the book is a brilliant presentation of his view of ethics, based on the idea that our scientific theories face the tribunal of observation whereas our ethical views face the joint tribunal of observation and moral feeling. Scholars and students of the history of ideas and of philosophy will welcome A Philosophy of Culture as the highly finished product of more than sixty years of philosophical reflection by an important thinker.

Pragmatics and Law

Author : Alessandro Capone
Publisher : Springer
ISBN 13 : 3319303856
Total Pages : 267 pages
Book Rating : 4.3/5 (193 download)

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Book Synopsis Pragmatics and Law by : Alessandro Capone

Download or read book Pragmatics and Law written by Alessandro Capone and published by Springer. This book was released on 2016-05-02 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume highlights important aspects of the complex relationship between common language and legal practice. It hosts an interdisciplinary discussion between cognitive science, philosophy of language and philosophy of law, in which an international group of authors aims to promote, enrich and refine this new debate. Philosophers of law have always shown a keen interest in cognitive science and philosophy of language in order to find tools to solve their problems: recently this interest was reciprocated and scholars from cognitive science and philosophy of language now look to the law as a testing ground for their theses. Using the most sophisticated tools available to pragmatics, sociolinguistics, cognitive sciences and legal theory, an interdisciplinary, international group of authors address questions like: Does legal interpretation differ from ordinary understanding? Is the common pragmatic apparatus appropriate to legal practice? What can pragmatics teach about the concept of law and pervasive legal phenomena such as testimony or legal disagreements?

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.

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.

Anglo-American Philosophy of Law

Author : Beryl Harold Levy
Publisher : Transaction Publishers
ISBN 13 : 9781412817264
Total Pages : 192 pages
Book Rating : 4.8/5 (172 download)

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Book Synopsis Anglo-American Philosophy of Law by : Beryl Harold Levy

Download or read book Anglo-American Philosophy of Law written by Beryl Harold Levy and published by Transaction Publishers. This book was released on with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: An account of successive legal theories in England and America against a background of the varieties of natural law in the ancient, medieval and modern worlds. The outcome in Legal Realism provides insight into contemporary issues in law and the judicial process and their relation to moral philosophy. As Levy shows, legal theory has always been inspired by forces outside the law in philosophy and politics. In England the philosophy of Utilitarianism as expounded by Bentham and Austin brought legal positivism into prominence as an alternative to natural law. In the United States the philosophy of pragmatism spearheaded by James and Dewey and shared by Justice Holmes gave the functional turn resulting in the movement of Legal Realism. After sketching the background of varieties of natural law in the ancient, medieval, and modern worlds, Levy presents leading figures and trends in England and the United States. The book is written so as to be intelligible to lawyers, philosophers, and students of cultural history and social science.

Pragmatism

Author : Hilary Putnam
Publisher : Wiley-Blackwell
ISBN 13 : 9780631193432
Total Pages : 120 pages
Book Rating : 4.1/5 (934 download)

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Book Synopsis Pragmatism by : Hilary Putnam

Download or read book Pragmatism written by Hilary Putnam and published by Wiley-Blackwell. This book was released on 1995-02-17 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hilary Putnam has been at the center of contemporary debates about the nature of the mind and of its access to the world, about language and its relation to reality, and many other metaphysical and epistemological issues. In this book he turns to pragmatism - and confronts the teachings of James, Peirce, Dewey, and Wittgenstein - not solely out of an interest in theoretical questions, but above all to respond to the questions of whether it is possible to find an alternative to corrosive moral skepticism, on the one hand, and to moral authoritarianism on the other.