The Pragmatist Tradition: Lessons for Legal Theorists

19 Pages Posted: 16 Jun 2018

See all articles by Susan Haack

Susan Haack

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

Date Written: 2018

Abstract

Haack begins by sketching the origins and evolution of pragmatism in enough detail to convey some sense both of the predilections and attitudes that the old pragmatists shared, and of the enormous variety of their ideas (Part I); then, explores Oliver Wendell Holmes’s and other legal thinkers’ role in this story (Part II); next, looks briefly at how some influential forms of neo- or, more exactly, pseudo-pragmatism have distorted our understanding, and weakened our appreciation, of this tradition (Part III); and finally articulates some of the lessons those old pragmatists might teach us about the scope and the growth of law (Part IV).

Keywords: pragmatism, Oliver Wendell Holmes, law

Suggested Citation

Haack, Susan, The Pragmatist Tradition: Lessons for Legal Theorists (2018). Washington University Law Review, Vol. 95, No. 5, 1049-82 (2018); University of Miami Legal Studies Research Paper No. 18-20. Available at SSRN: https://ssrn.com/abstract=3187668

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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