On Legal Pragmatism: Where Does 'The Path of the Law' Lead Us?
American Journal of Jurisprudence, Vol. 50, pp. 71-105, 2005
75 Pages Posted: 4 Jul 2007 Last revised: 5 Aug 2008
What is called legal pragmatism today is very different from the older style of legal pragmatism traditionally associated with Oliver Wendell Holmes; and there is much that is worthwhile on the conception of the law revealed by reading Holmes's The Path of the Law in the light of the classical pragmatist tradition of Peirce, James, and Dewey. Here, reflections on the varieties of pragmatism - philosophical and legal, old and new - will be wrapped around an exploration of Holmes's legal philosophy and the strengths and weaknesses of his arguments.
Keywords: Oliver Wendell Holmes, Classical Pragmatism, Neo-Pragmatism, Legal Theory, Social Science, Constitutional Law
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