Pragmatism Logic And Law

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Pragmatism, Logic, and Law

Frederic Kellogg
Pragmatism Logic and Law Book PDF

Author : Frederic Kellogg
Publisher : Rowman & Littlefield
Page : 203 pages
File Size : 43,9 Mb
Release : 2020-12-10
Category : Law
ISBN : 9781793616982

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Pragmatism, Logic, and Law by Frederic Kellogg Pdf

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 In Law And Society

Michael Brint,William Weaver
Pragmatism In Law And Society Book PDF

Author : Michael Brint,William Weaver
Publisher : Westview Press
Page : 424 pages
File Size : 40,7 Mb
Release : 1991-12-29
Category : Law
ISBN : UOM:39015024942552

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Pragmatism In Law And Society by Michael Brint,William Weaver Pdf

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.

Formalism and Pragmatism in American Law

Thomas C. Grey
Formalism and Pragmatism in American Law Book PDF

Author : Thomas C. Grey
Publisher : BRILL
Page : 270 pages
File Size : 52,9 Mb
Release : 2014-09-03
Category : Law
ISBN : 9789004272897

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Formalism and Pragmatism in American Law by Thomas C. Grey Pdf

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.

Conservatism and Pragmatism

S. Vannatta
Conservatism and Pragmatism Book PDF

Author : S. Vannatta
Publisher : Springer
Page : 442 pages
File Size : 51,8 Mb
Release : 2014-11-25
Category : Political Science
ISBN : 9781137466839

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Conservatism and Pragmatism by S. Vannatta Pdf

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.

Realistic Socio-legal Theory

Brian Z. Tamanaha
Realistic Socio legal Theory Book PDF

Author : Brian Z. Tamanaha
Publisher : Oxford University Press
Page : 304 pages
File Size : 43,6 Mb
Release : 1997
Category : Law
ISBN : 0198265603

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Realistic Socio-legal Theory by Brian Z. Tamanaha Pdf

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.

Pragmatism and Law

Michal Alberstein
Pragmatism and Law Book PDF

Author : Michal Alberstein
Publisher : Routledge
Page : 546 pages
File Size : 44,7 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351909280

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Pragmatism and Law by Michal Alberstein Pdf

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.

Legal Pragmatism

Michael Sullivan
Legal Pragmatism Book PDF

Author : Michael Sullivan
Publisher : Indiana University Press
Page : 178 pages
File Size : 40,6 Mb
Release : 2007-06-14
Category : Philosophy
ISBN : 9780253116987

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Legal Pragmatism by Michael Sullivan Pdf

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.

Renascent Pragmatism

Alfonso Morales
Renascent Pragmatism Book PDF

Author : Alfonso Morales
Publisher : Taylor & Francis
Page : 279 pages
File Size : 52,9 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351904315

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Renascent Pragmatism by Alfonso Morales Pdf

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.

Pragmatism, Law, and Language

Graham Hubbs,Douglas Lind
Pragmatism Law and Language Book PDF

Author : Graham Hubbs,Douglas Lind
Publisher : Routledge
Page : 365 pages
File Size : 48,7 Mb
Release : 2013-11-12
Category : Philosophy
ISBN : 9781135086107

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Pragmatism, Law, and Language by Graham Hubbs,Douglas Lind Pdf

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.

The Revival of Pragmatism

Morris Dickstein
The Revival of Pragmatism Book PDF

Author : Morris Dickstein
Publisher : Duke University Press
Page : 466 pages
File Size : 53,8 Mb
Release : 1998-11-23
Category : Philosophy
ISBN : 9780822382522

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The Revival of Pragmatism by Morris Dickstein Pdf

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

Law, Pragmatism, and Democracy

Richard A. Posner
Law Pragmatism and Democracy Book PDF

Author : Richard A. Posner
Publisher : Harvard University Press
Page : 428 pages
File Size : 41,8 Mb
Release : 2009-07-01
Category : Law
ISBN : 0674042298

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Law, Pragmatism, and Democracy by Richard A. Posner Pdf

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.

Habermas and Pragmatism

Mitchell Aboulafia,Myra Orbach Bookman,Cathy Kemp
Habermas and Pragmatism Book PDF

Author : Mitchell Aboulafia,Myra Orbach Bookman,Cathy Kemp
Publisher : Psychology Press
Page : 262 pages
File Size : 49,7 Mb
Release : 2002
Category : Pragmatism
ISBN : 9780415234580

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Habermas and Pragmatism by Mitchell Aboulafia,Myra Orbach Bookman,Cathy Kemp Pdf

Investigates the influences of pragmatism on Habermas' thought. The essays cover subjects including philosophy of language, democracy, nature of rationality and social theory.

Anglo-American Philosophy of Law

Beryl Harold Levy
Anglo American Philosophy of Law Book PDF

Author : Beryl Harold Levy
Publisher : Transaction Publishers
Page : 192 pages
File Size : 48,9 Mb
Release : 2024-06-30
Category : Law
ISBN : 1412817269

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Anglo-American Philosophy of Law by Beryl Harold Levy Pdf

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.

Peirce and Law

Roberta Kevelson
Peirce and Law Book PDF

Author : Roberta Kevelson
Publisher : Peter Lang Incorporated, International Academic Publishers
Page : 248 pages
File Size : 47,9 Mb
Release : 1991
Category : Language Arts & Disciplines
ISBN : STANFORD:36105043590616

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Peirce and Law by Roberta Kevelson Pdf

Includes papers presented at the Charles S. Peirce Sesquicentennial International Congress held at Harvard University in Sept. 1989.

Principle and Pragmatism in Roman Law

Benjamin Spagnolo,Joe Sampson
Principle and Pragmatism in Roman Law Book PDF

Author : Benjamin Spagnolo,Joe Sampson
Publisher : Bloomsbury Publishing
Page : 224 pages
File Size : 53,7 Mb
Release : 2020-11-12
Category : Law
ISBN : 9781509938971

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Principle and Pragmatism in Roman Law by Benjamin Spagnolo,Joe Sampson Pdf

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.