Download Legal Pragmatism: Community, Rights, and Democracy (American by Michael Sullivan PDF

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By Michael Sullivan

In felony Pragmatism, Michael Sullivan appears heavily on the position of the person and neighborhood in democratic society. After mapping out a short historical past of yank criminal considering concerning rights, from communitarianism to liberalism, Sullivan supplies a wealthy and nuanced account of ways pragmatism labored to solve conflicts of self-interest and neighborhood health. Sullivan's view of pragmatism presents a finished framework for knowing democracy, in addition to concerns similar to future health care, schooling, homosexual marriage, and unlawful immigration that may make sure its personality sooner or later. felony Pragmatism is a daring, rigorously argued ebook that offers a distinct realizing of up to date society, legislation, and politics.

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3 As I will show, Dewey not only eludes Dworkin’s criticisms but also enables us to better understand Dworkin’s own achievements. With reference to pragmatism, Dworkin writes: The pragmatist takes a skeptical attitude toward the assumption we are assuming is embodied in the concept of law: he denies that past political decisions in themselves provide any justification for either using or withholding the state’s coercive power. He finds the necessary justification for coercion in the justice or e≈ciency or some other contemporary virtue of the coercive decision itself, as and when it is made by judges and adds that consistency with any past legislative or judicial decision does not in principle contribute to the justice or virtue of any present one.

In order to send that message, he is willing to violate school rules designed to protect him and his fellow students. 41 Since the Court found no infringement of a fundamental right, the school board’s policy is subjected to a lenient, rational-basis review. Even if the Court had found a First Amendment interest on Mr. Olesen’s behalf, the Tinker precedent and the Fraser holding, discussed [ ∞π ] legal pragmatism above, allow restrictions when necessary for the successful operation of the schooling process.

The crux of Dworkin’s attack is the pragmatist’s general disrespect for past ‘‘legislative and judicial’’ decisions. 16 Dworkin’s claims are laden with misleading implications. , consistency is not an end in itself ). This is quite correct, but it is impossible to understand why pragmatists hold this view without connecting it up to a pragmatic theory of valuation. To facilitate such understanding, I will develop a brief account of Dewey’s theory of valuation. If moral claims about what is ‘‘best for the future’’ are claims of the form ‘‘X is good, X is valuable, or X is right,’’ then these claims can be rationally justified by appeal to how they are situated amongst other moral ends.

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