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