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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
Download or read book Human Rights for Pragmatists written by Jack Snyder and published by Princeton University Press. This book was released on 2024-11-26 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: An innovative framework for advancing human rights Human rights are among our most pressing issues today, yet rights promoters have reached an impasse in their effort to achieve rights for all. Human Rights for Pragmatists explains why: activists prioritize universal legal and moral norms, backed by the public shaming of violators, but in fact rights prevail only when they serve the interests of powerful local constituencies. Jack Snyder demonstrates that where local power and politics lead, rights follow. He presents an innovative roadmap for addressing a broad agenda of human rights concerns: impunity for atrocities, dilemmas of free speech in the age of social media, entrenched abuses of women’s rights, and more. Exploring the historical development of human rights around the globe, Snyder shows that liberal rights–based states have experienced a competitive edge over authoritarian regimes in the modern era. He focuses on the role of power, the interests of individuals and the groups they form, and the dynamics of bargaining and coalitions among those groups. The path to human rights entails transitioning from a social order grounded in patronage and favoritism to one dedicated to equal treatment under impersonal rules. Rights flourish when they benefit dominant local actors with the clout to persuade ambivalent peers. Activists, policymakers, and others attempting to advance rights should embrace a tailored strategy, one that acknowledges local power structures and cultural practices. Constructively turning the mainstream framework of human rights advocacy on its head, Human Rights for Pragmatists offers tangible steps that all advocates can take to move the rights project forward.
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.
Download or read book Justice for Some written by Noura Erakat and published by Stanford University Press. This book was released on 2019-04-23 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents
