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Vol 21 No 10 Oct/Nov 2016

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Pragmatism and Law

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Michal AlbersteinBar Ilan University, Israel

ISBN13: 9780754622086
ISBN: 0754622088
Published: November 2003
Publisher: Ashgate Publishing Ltd
Format: Hardback
Price: £95.00



A differend is a case of conflict between (at least) two parties, that cannot be equitably resolved for lack of a rule of judgement applicable to both arguments. One side's legitimacy does not imply the other's lack of legitimacy. Applying a single rule of judgement to both in order to settle their differend would wrong at least one of them, and both of them if neither side admits this rule.;The thesis from which this book develops exposes and reveals the differend between the two genres of discourse it is concerned with - pragmatism and law.

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Contents:
The maturing of the pragmatic idea in law and society (Or - the fall, and the rise of ""philawsophy""); settled law and the law-that-is-not-but-ought-to-be - the pragmatic philosophy of dispute resolution (or - why couldn't Henry Hart speak?); taking sides - margins and phases of pragmatics of legal process disciples (or - the pragmatists that we are); in search of the dispute - on lawyers and legal philawsophers at Harvard Law School (or - some private hope and public irony).