Pragmatism Logic And Law
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Pragmatism Logic And Law
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Author : Frederic Kellogg
language : en
Publisher: Bloomsbury Publishing PLC
Release Date : 2020-12-10
Pragmatism Logic And Law written by Frederic Kellogg and has been published by Bloomsbury Publishing PLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-10 with Law categories.
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
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Author : Graham Hubbs
language : en
Publisher: Routledge
Release Date : 2013-11-12
Pragmatism Law And Language written by Graham Hubbs and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-12 with Philosophy categories.
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.
Legal Pragmatism
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Author : Michael Sullivan
language : en
Publisher: Indiana University Press
Release Date : 2007-06-14
Legal Pragmatism written by Michael Sullivan and has been published by Indiana University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-06-14 with Philosophy categories.
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.
Law Pragmatism And Democracy
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Author : Richard A. Posner
language : en
Publisher: Harvard University Press
Release Date : 2009-07-01
Law Pragmatism And Democracy written by Richard A. Posner and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-01 with Law categories.
Posner argues for a conception of the liberal state based on pragmatic theories of government. 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.
The Revival Of Pragmatism
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Author : Morris Dickstein
language : en
Publisher: Duke University Press
Release Date : 1998-11-23
The Revival Of Pragmatism written by Morris Dickstein and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-11-23 with Law categories.
An assessment, by a distinguished panel of experts, on the impact of pragmatism on contemporary thought.
The Pragmatism And Prejudice Of Oliver Wendell Holmes Jr
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Author : Seth Vannatta
language : en
Publisher: Bloomsbury Publishing PLC
Release Date : 2019-06-26
The Pragmatism And Prejudice Of Oliver Wendell Holmes Jr written by Seth Vannatta and has been published by Bloomsbury Publishing PLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-26 with Philosophy categories.
This book investigates the extent to which various scholarly labels are appropriate for the work of Oliver Wendell Holmes, Jr. As Louis Menand wrote, “Holmes has been called a formalist, a positivist, a utilitarian, a realist, a historicist, a pragmatist, (not to mention a nihilist).” Each of the eight chapters investigates one label, analyzes the secondary texts that support the use of the term to characterize Holmes’s philosophy, and takes a stand on whether or not the category is appropriate for Holmes by assessing his judicial and nonjudicial publications, including his books, articles, and posthumously published correspondences. The thrust of the collection as a whole, nevertheless, bends toward the stance that Holmes is a pragmatist in his jurisprudence, ethics, and politics. The final chapter, by Susan Haack, makes that case explicitly. Edited by Seth Vannatta, this book will be of particular interest to students and faculty working in law, jurisprudence, philosophy, intellectual history, American Studies, political science, and constitutional theory.
A Philosophy Of Culture
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Author : Morton White
language : en
Publisher: Princeton University Press
Release Date : 2009-02-09
A Philosophy Of Culture written by Morton White and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-02-09 with Philosophy categories.
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.
Pragmatism And Law
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Author : Michal Alberstein
language : en
Publisher: Routledge
Release Date : 2017-03-02
Pragmatism And Law written by Michal Alberstein and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Law categories.
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.
Principle And Pragmatism In Roman Law
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Author : Benjamin Spagnolo
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-11-12
Principle And Pragmatism In Roman Law written by Benjamin Spagnolo and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-12 with Law categories.
This edited collection presents an interesting and original series of essays on the roles of principle and pragmatism in Roman private law. The book traverses key areas of Roman law to examine the explanatory power of - and delineate interactions between - abstract, doctrinal principle, and pragmatic, real-world problem-solving. Essays canvassing sources of law, property, succession, contracts and delicts sketch the varied roles of theoretical narratives - whether internal to Roman doctrine or derived from external influence - and of practical, policy-based solutions in the jurists' thought. Principled reasoning in Roman juristic argument ranges from safeguarding commerce, to the priority of acts or intentions in property transactions, to notions of pietas, to Platonic conceptions of the market. Pragmatism is discernible in myriad ways, from divergence between form and substance, to extension of legal rules for economic, social or political utility, to emphasis on what parties did rather than what they said. The distinctive contribution of the book is its survey of different manifestations of principle and pragmatism across Roman private law. The essays - by eminent as well as emerging academics - will stimulate debate about the roles principle and pragmatism play in juristic argument, and will be of interest to both scholars and students of Roman law.
Habermas And Pragmatism
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Author : Mitchell Aboulafia
language : en
Publisher: Psychology Press
Release Date : 2002
Habermas And Pragmatism written by Mitchell Aboulafia and has been published by Psychology Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Philosophy categories.
Investigates the influences of pragmatism on Habermas' thought. The essays cover subjects including philosophy of language, democracy, nature of rationality and social theory.