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The Pluralistic Universe of Law: Towards a Neo-Classical Legal Pragmatism

44 Pages Posted: 31 Jul 2008 Last revised: 12 Jan 2009

Susan Haack

University of Miami - School of Law; University of Miami - Department of Philosophy

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Abstract

After a brief sketch of the history of philosophical pragmatism generally, and of legal pragmatism specifically (section 1), this paper develops a new, neo-classical legal pragmatism: a theory of law drawing in part on Holmes, but also on ideas from the classical pragmatist tradition in philosophy. Main themes are the "pluralistic universe" of law (section 2); the evolution of legal systems (section 3); the place of logic in the law (section 4); and the relation of law and morality (section 5).

Keywords: classical pragmatism, Oliver Wendell Holmes, pluralistic universe, synechism, evolution of legal systems, logic and law, law and morality

Suggested Citation

Haack, Susan, The Pluralistic Universe of Law: Towards a Neo-Classical Legal Pragmatism. Ratio Juris, Vol. 21, No. 4, pp. 453-80, 2008; University of Miami Legal Studies Research Paper No. 2008-25. Available at SSRN: https://ssrn.com/abstract=1188519

Susan Haack (Contact Author)

University of Miami - School of Law ( email )

P.O. Box 248087
Coral Gables, FL 33146
United States
305-284-3541 (Phone)
305-284-6506 (Fax)

University of Miami - Department of Philosophy ( email )

P.O. Box 248054
Coral Gables, FL 33124-4670
United States

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