The pragmatist school in analytic jurisprudence

Philosophical Issues 31 (1):66-84 (2021)
  Copy   BIBTEX

Abstract

Almost twenty years ago, a genuinely new school of thought emerged in the field of jurisprudential methodology. It is a pragmatist school. Roughly, the pragmatists contend that, when inquiring about the nature of law, we should evaluate potential answers based on practical criteria. For many legal philosophers, this contention seems both unclear and unhinged. That appearance is lamentable. The pragmatist approach to jurisprudential methodology has received insufficient attention for at least two reasons. First, the pragmatists do not conceive of themselves as comprising a school; in fact, these proponents have different names for their common position, which makes it hard to see the commonalities. Second, the most famous statement of the pragmatist view has received withering criticism, criticism that has not been sufficiently answered, a fact that may lead opponents of pragmatism, as well as potential supporters, to doubt that a viable view of this kind can be held. This Essay aims to serve as a corrective.

Similar books and articles

Describing Law.Raff Donelson - 2020 - Canadian Journal of Law and Jurisprudence 33 (1):85-106.
Making Sense in Jurisprudence.Bernard S. Jackson - 1996 - Liverpool: Deborah Charles Publications.
Jurisprudence, 2009-2010.David Brooke - 2009 - Routledge-Cavendish.
On the Historical School of Jurisprudence.Robert Rodes Jr - 2003 - American Journal of Jurisprudence 48:165-184.
How Pragmatist was Sellars? Reflections on an Analytic Pragmatism.James O'Shea - 2020 - In Stefan Brandt & Anke Breunig (eds.), Wilfrid Sellars and Twentieth-Century Philosophy. New York: Routledge. pp. 110–29.
Jurisprudence.David Brooke - 2011 - Routledge.
Pragmatist Egalitarianism by David Rondel.Minna-Kerttu Vienola - 2019 - Transactions of the Charles S. Peirce Society 55 (1):84-88.
Jurisprudence.Edgar Bodenheimer - 1940 - London: Mcgraw-Hill Book Company.
Freestanding pragmatism in law and bioethics.John D. Arras - 2001 - Theoretical Medicine and Bioethics 22 (2):69-85.

Analytics

Added to PP
2021-10-07

Downloads
228 (#55,262)

6 months
122 (#6,134)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Raff Donelson
Illinois Institute of Technology

Citations of this work

No citations found.

Add more citations