The pragmatist school in analytic jurisprudence.
While some pragmatists have been content to state their view generally and in opposition to non-pragmatist alternatives, others have defended particular pragmatist principles, such as claiming that the jurisprudential question should be settled by what would eventuate in the best legal doctrine or b...
| Publicado en: | Philosophical Issues Vol. 31; no. 1; pp. 66 - 85 |
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| Formato: | Artículo |
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Wiley-Blackwell
Oct2021
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| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=154273109&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 154273109 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: 15336077 1731 jtl: Philosophical Issues issn: 15336077 maglogo: Y pubinfo: dt: Oct2021 vid: 31 iid: 1 pid: 480 pub: Wiley-Blackwell artinfo: ui: 154273109 10.1111/phis.12204 ppf: 66 ppct: 19 formats: fmt: – @attributes: type: T – @attributes: type: P size: 345KB tig: atl: The pragmatist school in analytic jurisprudence. aug: su: Legal positivism Natural law Jurisprudence sug: subj: Legal positivism Natural law Jurisprudence ab: While some pragmatists have been content to state their view generally and in opposition to non-pragmatist alternatives, others have defended particular pragmatist principles, such as claiming that the jurisprudential question should be settled by what would eventuate in the best legal doctrine or by the best across-the-board political consequences. First, they say pragmatists offer non-sequiturs in mentioning pragmatic concerns.[21] Second, they say pragmatists engage in wishful thinking.[22] The third worry is that pragmatist, in urging people to adopt first-order jurisprudential claims for practical reasons, necessarily holds a flawed theory of belief-formation. Murphy might even be called the progenitor of pragmatist jurisprudence, for his work, first published in 2001, is one the earliest clear statements of a pragmatist approach to analytic jurisprudence. MEET THE PRAGMATISTS In this section, I highlight the core commitment that all pragmatist jurisprudents share, then I identify key pragmatists and review some details of their positions. While Murphy and Bayón spend time developing specific pragmatist principles by which to assess potential answers to the jurisprudential question, Stoljar and I were more interested to vindicate the pragmatist approach generally. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: Y custom: Copyright of Philosophical Issues is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. item: Philosophical Issues holder: Wiley-Blackwell dt: @attributes: year: 2021 holdings: @attributes: islocal: N |
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