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프라그마틱 슈가러쉬 and the Illegal Pragmatism can be described as a descriptive and normative theory. As a description theory it claims that the traditional view of jurisprudence may not be accurate and that legal pragmatics is a better option. In particular legal pragmatism eschews the notion that right decisions can be derived from a core principle or principles. Instead it promotes a pragmatic approach based on context, and the process of experimentation. What is Pragmatism? Pragmatism is a philosophical concept that emerged during the late nineteenth and early 20th centuries. It was the first truly North American philosophical movement (though it is worth noting that there were also followers of the contemporaneously developing existentialism who were also known as “pragmatists”). Like many other major movements in the history of philosophy the pragmaticists were influenced by a discontent with the state of things in the present and the past. In terms of what pragmatism actually is, it's difficult to pinpoint a concrete definition. Pragmatism is usually associated with its focus on outcomes and results. This is often in contrast to other philosophical traditions that have a more theoretic approach to truth and knowing. Charles Sanders Peirce has been credited as the founder of the philosophy of pragmatism. He believed that only what could be independently tested and proven through practical tests was believed to be true. In addition, Peirce emphasized that the only way to understand the significance of something was to determine its effects on other things. John Dewey, an educator and philosopher who lived from 1859 until 1952, was another founding pragmatist. He developed a more holistic approach to pragmatism. This included connections with society, education and art and politics. He was inspired by Peirce and also took inspiration from the German idealist philosophers Wilhelm von Humboldt and Friedrich Hegel. The pragmatists also had a more loosely defined approach to what constitutes truth. This was not intended to be a realism, but an attempt to attain greater clarity and firmly-justified settled beliefs. This was achieved through an amalgamation of practical knowledge and solid reasoning. Putnam developed this neopragmatic view to be described more broadly as internal realists. This was an alternative to the theory of correspondence, which did not aim to achieve an external God's-eye viewpoint, but maintained the objective nature of truth within a theory or description. It was a more sophisticated version of the ideas of Peirce and James. What is Pragmatism's Theory of Decision-Making? A pragmatist in the field of law views law as a problem-solving activity, not a set of predetermined rules. They reject the traditional view of deductive certainty, and instead, focuses on context in decision-making. Furthermore, legal pragmatists believe that the idea of foundational principles is misguided since generally they believe that any of these principles will be outgrown by application. Therefore, a pragmatic approach is superior to a traditional conception of legal decision-making. The pragmatist view is broad and has inspired many different theories, including those in philosophy, science, ethics and political theory, sociology and even politics. However, Charles Sanders Peirce deserves most of the credit for pragmatism, and his pragmatic principle that clarifies the meaning of hypotheses by tracing their practical consequences is the core of the doctrine however, the application of the doctrine has since expanded significantly to encompass a variety of perspectives. This includes the notion that the philosophical theory is valid if and only if it has practical consequences, the view that knowledge is mostly a transaction with rather than an expression of nature, and the notion that language articulated is an underlying foundation of shared practices that cannot be fully made explicit. Although the pragmatics have contributed to a variety of areas of philosophy, they are not without critics. The pragmatists' refusal to accept the concept of a priori propositional knowledge has resulted in a ferocious critical and influential critique of analytical philosophy. This critique has reverberated across the entire field of philosophy to a variety social disciplines including the fields of jurisprudence, political science, and a variety of other social sciences. However, it is difficult to classify a pragmatic view of the law as a descriptive theory. Most judges act as if they are following an empiricist logical framework that is based on precedent as well as traditional legal sources for their decisions. However an attorney pragmatist could consider that this model does not adequately capture the real dynamics of judicial decision-making. Thus, it's more appropriate to view the law from a pragmatic perspective as a normative theory that provides a guideline for how law should be interpreted and developed. What is Pragmatism's Theory of Conflict Resolution? Pragmatism is a philosophy that views knowledge of the world as inseparable from the agency within it. It has attracted a wide and often contradictory range of interpretations. It is sometimes viewed as a response to analytic philosophy whereas at other times, it is viewed as a different approach to continental thought. It is a thriving and evolving tradition. The pragmatists wanted to emphasize the importance of experience and the importance of the individual's own mind in the formation of belief. They also sought to correct what they perceived as the flaws in a flawed philosophical tradition that had distorted the work of earlier thinkers. These errors included Cartesianism, Nominalism, and a misunderstood of the human role. reason. All pragmatists reject untested and non-experimental representations of reasoning. They are suspicious of any argument that asserts that “it works” or “we have always done things this way” are valid. These statements may be viewed as being too legalistic, uninformed rationalism and uncritical of practices of the past by the legal pragmatic. In contrast to the classical picture of law as a set of deductivist principles, the pragmatic will emphasize the importance of the context of legal decision-making. It will also acknowledge the fact that there are a variety of ways to define law, and that the various interpretations should be taken into consideration. This perspective, referred to as perspectivalism may make the legal pragmatic appear less reliant to precedents and accepted analogies. The legal pragmatist's view recognizes that judges do not have access to a core set of rules from which they can make well-reasoned decisions in all instances. The pragmatist will therefore be keen to stress the importance of knowing the facts before making a decision and to be prepared to alter or even omit a rule of law in the event that it proves to be unworkable. There is no agreed definition of what a legal pragmatist should be There are some characteristics that tend to define this philosophical stance. This includes an emphasis on the context, and a reluctance of any attempt to draw laws from abstract concepts that aren't tested in specific situations. In addition, the pragmatist will recognize that the law is always changing and that there can be no one correct interpretation of it. What is Pragmatism's Theory of Justice? Legal Pragmatism as a philosophy of justice has been praised for its ability to bring about social change. But it has also been criticized for being an attempt to avoid legitimate moral and philosophical disputes, by relegating them to the arena of legal decision-making. The pragmatic is not interested in relegating philosophical debates to the realm of law. Instead, he takes an open and pragmatic approach, and acknowledges that the existence of perspectives is inevitable. The majority of legal pragmatists don't believe in a foundationalist picture of legal decision-making and rely on traditional legal materials to provide the basis for judging current cases. They believe that the cases themselves are not sufficient to provide a solid basis for properly analyzing legal conclusions. Therefore, they have to add additional sources like analogies or concepts drawn from precedent. The legal pragmatist also disapproves of the notion that right decisions can be determined from an overarching set of fundamental principles, arguing that such a scenario could make judges unable to rest their decisions on predetermined “rules.” Instead she favors a method that recognizes the omnipotent influence of context. Many legal pragmatists, in light of the skepticism typical of neopragmatism, and the anti-realism it embodies, have taken an elitist stance toward the notion of truth. They tend to argue, focussing on the way in which a concept is applied in describing its meaning, and setting criteria to recognize that a particular concept has this function and that this is all philosophers should reasonably be expecting from the truth theory. Some pragmatists have taken a much broader approach to truth, which they have called an objective standard for assertion and inquiry. This perspective combines elements from pragmatism, classical realist, and Idealist philosophy. It is also in line with the larger pragmatic tradition, which views truth as an objective standard of assertion and inquiry, and not just a measure of justification or warranted affirmability (or its derivatives). This holistic view of truth has been called an “instrumental theory of truth” because it aims to define truth in terms of the goals and values that guide our engagement with reality.