Pragmatism Law And Literature

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Pragmatism, Law, and Literature

Author : David Kenny
Publisher : Taylor & Francis
ISBN 13 : 1040113567
Total Pages : 197 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Pragmatism, Law, and Literature by : David Kenny

Download or read book Pragmatism, Law, and Literature written by David Kenny and published by Taylor & Francis. This book was released on 2024-08-06 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses literary examples to make the case for understanding law and the legal system through the lens of philosophical pragmatism. For pragmatists, experience is everything; they argue against understanding the world through any abstraction, maintaining that it is simply too complicated to fit into categories or theories. Legal pragmatism is the application of this philosophy to the making of law, the practice of law, and the practice of judging. This book maintains that the best way to understand legal pragmatism is not through bare theoretical exegesis but through literature: that is, through stories that cast light on various pragmatic aspects of law. Engaging a range of literary sources, including works by Seamus Heaney, Hilary Mantel, Harper Lee, and Ian McEwan, the book makes a compelling case for the contemporary relevance of pragmatism. This book will appeal to legal theorists, law and literature/humanities scholars, readers of literary criticism, and those with interests in pragmatist philosophy.

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.

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.

The New Pragmatism

Author : Alan Malachowski
Publisher : Routledge
ISBN 13 : 131749363X
Total Pages : 149 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis The New Pragmatism by : Alan Malachowski

Download or read book The New Pragmatism written by Alan Malachowski and published by Routledge. This book was released on 2014-12-05 with total page 149 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some hundred years after its inception, Pragmatism has reclaimed centre stage, not just within philosophy, but also within intellectual culture as a whole. This book sets out to explain what it is about Pragmatism that makes it such a distinctively attractive prospect to so many thinkers, even in previously hostile traditions. Alan Malachowski sets out in a clear and accessible manner the original guiding thoughts behind the Pragmatist approach to philosophy and examines how these thoughts have faired in the hands of those largely responsible for the present revival (Putnam and Rorty). The Pragmatism that emerges from this exploration of its "classic" and "new wave" forms is then assessed in terms of both its philosophical potential and its wider cultural contribution. Readers will emerge from the book with a more secure grip on what Pragmatism involves and a correspondingly clearer grasp of what it has to offer and what its current resurgence is all about.

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 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.

Rhetoric’s Pragmatism

Author : Steven Mailloux
Publisher : Penn State Press
ISBN 13 : 0271079991
Total Pages : 229 pages
Book Rating : 4.2/5 (71 download)

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Book Synopsis Rhetoric’s Pragmatism by : Steven Mailloux

Download or read book Rhetoric’s Pragmatism written by Steven Mailloux and published by Penn State Press. This book was released on 2017-05-26 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over thirty years, Steven Mailloux has championed and advanced the field of rhetorical hermeneutics, a historically and theoretically informed approach to textual interpretation. This volume collects fourteen of his most recent influential essays on the methodology, plus an interview. Following from the proposition that rhetorical hermeneutics uses rhetoric to practice theory by doing history, this book examines a diverse range of texts from literature, history, law, religion, and cultural studies. Through four sections, Mailloux explores the theoretical writings of Heidegger, Burke, and Rorty, among others; Jesuit educational treatises; and products of popular culture such as Azar Nafisi’s Reading Lolita in Tehran and Star Trek: The Next Generation. In doing so, he shows how rhetorical perspectives and pragmatist traditions work together as two mutually supportive modes of understanding, and he demonstrates how the combination of rhetoric and interpretation works both in theory and in practice. Theoretically, rhetorical hermeneutics can be understood as a form of neopragmatism. Practically, it focuses on the production, circulation, and reception of written and performed communication. A thought-provoking collection from a preeminent literary critic and rhetorician, Rhetoric’s Pragmatism assesses the practice and value of rhetorical hermeneutics today and the directions in which it might head. Scholars and students of rhetoric and communication studies, critical theory, literature, law, religion, and American studies will find Mailloux’s arguments enlightening and essential.

Rhetoric, Sophistry, Pragmatism

Author : Steven Mailloux
Publisher : Cambridge University Press
ISBN 13 : 9780521467803
Total Pages : 268 pages
Book Rating : 4.4/5 (678 download)

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Book Synopsis Rhetoric, Sophistry, Pragmatism by : Steven Mailloux

Download or read book Rhetoric, Sophistry, Pragmatism written by Steven Mailloux and published by Cambridge University Press. This book was released on 1995-05-18 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: The anti-sceptical relativism and self-conscious rhetoric of the pragmatist tradition, which began with the Older Sophists of Ancient Greece and developed through an American tradition including William James and John Dewey has attracted new attention in the context of late twentieth-century postmodernist thought. At the same time there has been a more general renewal of interest across a wide range of humanistic and social science disciplines in rhetoric itself: language use, writing and speaking, persuasion, figurative language, and the effect of texts. This book, written by leading scholars, explores the various ways in which rhetoric, sophistry and pragmatism overlap in their current theoretical and political implications, and demonstrates how they contribute both to a rethinking of the human sciences within the academy and to larger debates over cultural politics.

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.

The Wallace Stevens Case

Author : Thomas C. Grey
Publisher : Harvard University Press
ISBN 13 : 9780674945777
Total Pages : 178 pages
Book Rating : 4.9/5 (457 download)

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Book Synopsis The Wallace Stevens Case by : Thomas C. Grey

Download or read book The Wallace Stevens Case written by Thomas C. Grey and published by Harvard University Press. This book was released on 1991 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wallace Stevens was not only one of America's outstanding modernist poets but also a successful insurance lawyer--a fact that continues to intrigue many readers. Though Stevens tried hard to separate his poetry from his profession, legal theorist Thomas Grey shows that he did not ultimately succeed. After stressing how little connection appears on the surface between the two parts of Stevens's life, Grey argues that in its pragmatic account of human reasoning, the poetry distinctively illuminates the workings of the law. In this important extension of the recent law-and-literature movement, Grey reveals Stevens as a philosophical poet and implicitly a pragmatist legal theorist, who illustrates how human thought proceeds through "assertion, qualification, and qualified reassertion," and how reason and passion fuse together in the act of interpretation. Above all, Stevens's poetry proves a liberating antidote to the binary logic that is characteristic of legal theory: one side of a case is right, the other wrong; conduct is either lawful or unlawful. At the same time as he discovers in Stevens a pragmatist philosopher of law, Grey offers a strikingly new perspective on the poetry itself. In the poems that develop Stevens's "reality-imagination complex"--poems often criticized as remote, apolitical, and hermetic--Grey finds a body of work that not only captivates the reader but also provides a unique instrument for scrutinizing the thought processes of lawyers and judges in their exercise of social power.

Jurisprudence

Author : Robert L. Hayman
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 1028 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Jurisprudence by : Robert L. Hayman

Download or read book Jurisprudence written by Robert L. Hayman and published by West Academic Publishing. This book was released on 2002 with total page 1028 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text presents cutting edge contemporary materials, as well as new chapters on Natural Law, Positivism, Gay Legal Rights and Critical Lawyering. The book offers comprehensive coverage of legal theory from traditional to current movements, including new materials on Legal Formalism, Legal Process, Latino Critical, and Queer Critical Theory. Also contains extensive readings and updated and amplified notes, questions, problems, and bibliographies.

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.

Pragmatic Modernism

Author : Lisi Schoenbach
Publisher : OUP USA
ISBN 13 : 0195389840
Total Pages : 217 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Pragmatic Modernism by : Lisi Schoenbach

Download or read book Pragmatic Modernism written by Lisi Schoenbach and published by OUP USA. This book was released on 2012 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pragmatic Modernism traces an alternative strain of modernism influenced by pragmatist philosophy and characterized by its commitment to gradualism, continuity, and habit rather than spectacular events and radical rupture. Through original readings of Gertrude Stein, Henry James, Marcel Proust, and Oliver Wendell Holmes, Jr., this study rediscovers an overlooked cultural and social matrix and suggests an expanded range of responses to modernity.

The Priority of Democracy

Author : Jack Knight
Publisher : Princeton University Press
ISBN 13 : 1400840333
Total Pages : 343 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis The Priority of Democracy by : Jack Knight

Download or read book The Priority of Democracy written by Jack Knight and published by Princeton University Press. This book was released on 2011-08-22 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why democracy is the best way of deciding how decisions should be made Pragmatism and its consequences are central issues in American politics today, yet scholars rarely examine in detail the relationship between pragmatism and politics. In The Priority of Democracy, Jack Knight and James Johnson systematically explore the subject and make a strong case for adopting a pragmatist approach to democratic politics—and for giving priority to democracy in the process of selecting and reforming political institutions. What is the primary value of democracy? When should we make decisions democratically and when should we rely on markets? And when should we accept the decisions of unelected officials, such as judges or bureaucrats? Knight and Johnson explore how a commitment to pragmatism should affect our answers to such important questions. They conclude that democracy is a good way of determining how these kinds of decisions should be made—even if what the democratic process determines is that not all decisions should be made democratically. So, for example, the democratically elected U.S. Congress may legitimately remove monetary policy from democratic decision-making by putting it under the control of the Federal Reserve. Knight and Johnson argue that pragmatism offers an original and compelling justification of democracy in terms of the unique contributions democratic institutions can make to processes of institutional choice. This focus highlights the important role that democracy plays, not in achieving consensus or commonality, but rather in addressing conflicts. Indeed, Knight and Johnson suggest that democratic politics is perhaps best seen less as a way of reaching consensus or agreement than as a way of structuring the terms of persistent disagreement.

Pragmatism as Anti-Authoritarianism

Author : Richard Rorty
Publisher : Harvard University Press
ISBN 13 : 0674248910
Total Pages : 273 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Pragmatism as Anti-Authoritarianism by : Richard Rorty

Download or read book Pragmatism as Anti-Authoritarianism written by Richard Rorty and published by Harvard University Press. This book was released on 2021-08-17 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last book by the eminent American philosopher and public intellectual Richard Rorty, providing the definitive statement of his mature philosophical and political views. Richard RortyÕs Pragmatism as Anti-Authoritarianism is a last statement by one of AmericaÕs foremost philosophers. Here Rorty offers his culminating thoughts on the influential version of pragmatism he began to articulate decades ago in his groundbreaking Philosophy and the Mirror of Nature. Marking a new stage in the evolution of his thought, RortyÕs final masterwork identifies anti-authoritarianism as the principal impulse and virtue of pragmatism. Anti-authoritarianism, on this view, means acknowledging that our cultural inheritance is always open to revision because no authority exists to ascertain the truth, once and for all. If we cannot rely on the unshakable certainties of God or nature, then all we have left to go onÑand argue withÑare the opinions and ideas of our fellow humans. The test of these ideas, Rorty suggests, is relatively simple: Do they work? Do they produce the peace, freedom, and happiness we desire? To achieve this enlightened pragmatism is not easy, though. Pragmatism demands trust. Pragmatism demands that we think and care about what others think and care about, which further requires that we account for othersÕ doubts of and objections to our own beliefs. After all, our own beliefs are as contestable as anyone elseÕs. A supple mind who draws on theorists from John Stuart Mill to Annette Baier, Rorty nonetheless is always an apostle of the concrete. No book offers a more accessible account of RortyÕs utopia of pragmatism, just as no philosopher has more eloquently challenged the hidebound traditions arrayed against the goals of social justice.

Literary Criticisms of Law

Author : Guyora Binder
Publisher : Princeton University Press
ISBN 13 : 1400823633
Total Pages : 557 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Literary Criticisms of Law by : Guyora Binder

Download or read book Literary Criticisms of Law written by Guyora Binder and published by Princeton University Press. This book was released on 2000-02-22 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, the first to offer a comprehensive examination of the emerging study of law as literature, Guyora Binder and Robert Weisberg show that law is not only a scheme of social order, but also a process of creating meaning, and a crucial dimension of modern culture. They present lawyers as literary innovators, who creatively interpret legal authority, narrate disputed facts and hypothetical fictions, represent persons before the law, move audiences with artful rhetoric, and invent new legal forms and concepts. Binder and Weisberg explain the literary theories and methods increasingly applied to law, and they introduce and synthesize the work of over a hundred authors in the fields of law, literature, philosophy, and cultural studies. Drawing on these disparate bodies of scholarship, Binder and Weisberg analyze law as interpretation, narration, rhetoric, language, and culture, placing each of these approaches within the history of literary and legal thought. They sort the styles of analysis most likely to sharpen critical understanding from those that risk self-indulgent sentimentalism or sterile skepticism, and they endorse a broadly synthetic cultural criticism that views law as an arena for composing and contesting identity, status, and character. Such a cultural criticism would evaluate law not simply as a device for realizing rights and interests but also as the framework for a vibrant cultural life.