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Pragmatism, Law, and Language

Edited by: Graham Hubbs, Douglas Lind

ISBN13: 9780415857307
Published: January 2014
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £125.00



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This volume puts leading pragmatists in the philosophy of language, including Robert Brandom, in contact with scholars concerned with what pragmatism has come to mean for the law. Each contribution uses the resources of pragmatism to tackle fundamental problems in the philosophy of language, the philosophy of law, and social and political philosophy. In many chapters, the version of pragmatism deployed proves a fruitful approach to its subject matter; in others, shortcomings of the specific brand of pragmatism are revealed. The result is a clearer understanding of what pragmatism has meant and can mean across these tightly related philosophical areas. The book, then, is itself pragmatism in action: it seeks to clarify its unifying concept by examining the practices that centrally involve it.

Subjects:
Jurisprudence
Contents:
Part I. Semantic Pragmatism
1. A Hegelian Model of Legal Concept Determination: The Normative Fine Structure of the Judges' Chain Novel Robert Brandom
2. Soames, Legislative Intent, and the Meaning of a Statute Barbara Baum Levenbook
3. Antipositivist Arguments from Legal Thought and Talk: The Metalinguistic Response David Plunkett and Timothy Sundell
4. Appellate Adjudication as Conceptual Engineering Heidi Li Feldman
5. Responsibility and Causation: A Pragmatist View Daniele Santoro
6. Attitudinal Expressivism and Logical Pragmatism in Metaethics Matthew Chrisman
7. Quasi-Realism, Projectivism, and the Explanatory Challenge Karl Schafer
8. Studying Genocide: A Pragmatist Approach to Action-Engendering Discourse Lynne Tirrell

Part II. The American Pragmatist Tradition
9. Deweyan Democracy and the Absence of Justice Robert B. Talisse
10. Truth, Justice, and the American Pragmatist Way F. Thomas Burke
11. Pragmatism, Democratic Experimentalism, and Law Brian E. Butler
12. Joan Williams, Legal Pragmatism, and the Injustice of "Work-Family Conflict" Katherine Logan
13. Legal Pragmatism and Legal Pragmaticism Benjamin C. Zipursky
14. Pragmatism without the "Fighting Tag": Functional Realism in Holmes's Jurisprudence and Moral Philosophy Seth Vannatta
15. Against Legal Pragmatism: Greenberg and the Priority of the Moral Sari Kisilevsky
16. Four Qualms about "Legal Pragmatism" Martin J. Stone