This is an article about Legal Pragmatism, studied under the prism of the Philosophy of Law. The pragmatist philosophical current, born in the United States, was responsible for consolidating the line of legal reasoning aimed at obtaining the results that best meet social desires and human hopes. Legal Pragmatism is not presented as a Theory of Law, consubstantiating itself, in reality, in a method based on argumentation, capable of substantiating decision making. Finally, an attempt was (...) made to ponder on Legal Pragmatism in the Brazilian legal system, as a guide for new perspectives on the application of Law, with emphasis on the recent changes in the Law of Introduction to the Rules of Brazilian Law (Lei de Introdução às Normas do Direito Brasileiro). (shrink)

This paper explores the possibility that Hobbesian jurisprudence is best understood as a ‘third way’ in legal theory, irreducible to classical natural law or legal positivism. I sketch two potential ‘third theories’ of law -- legal pragmatism and legal dualism -- and argue that, when considered in its broadest sense, Leviathan is best viewed as an example of legal pragmatism. I consider whether this legal pragmatist interpretation can be sustained in the examination (...) of Leviathan’s treatment of civil law, and argue that the pragmatic interpretation can only be successful if we can resolve two textual issues in that chapter. First, while Hobbes argues that law entails the existence of public (sharable) reasons, he does not adequately defend the view that the sovereign is the unique authority over such reasons in all cases, especially as far as they concern known collective emergencies. Second, Hobbes both affirms and denies that a sovereign can fail to do justice, which is paradoxical. Both problems are best resolved by legal pragmatism, though the second problem resists a fully satisfying resolution. The upshot is that, although Leviathan ought to be regarded as an episode of legal pragmatism, there are trade-offs on every reading. (shrink)

The purpose of this paper is to offer some critical remarks on the so-called pragmatist approach to the regulation of robotics. To this end, the article mainly reviews the work of Jack Balkin and Joanna Bryson, who have taken up such ap- proach with interestingly similar outcomes. Moreover, special attention will be paid to the discussion concerning the legal fiction of ‘electronic personality’. This will help shed light on the opposition between essentialist and pragmatist methodologies. After a brief introduction (...) (1.), in 2. I introduce the main points of the methodological debate which opposes pragmatism and essentialism in the regulation of robotics and I examine how legal fictions are framed from a pragmatist, functional perspective. Since this approach entails a neat separation of ontological analysis and legal rea- soning, in 3. I discuss whether considerations on robots’ essence are actually put into brackets when the pragmatist approach is endorsed. Finally, in 4. I address the problem of the social valence of legal fictions in order to suggest a possible limit of the pragmatist approach. My conclusion (5.) is that in the specific case of regulating robotics it may be very difficult to separate ontological considerations from legal reasoning—and vice versa—both on an epistemological and social level. This calls for great caution in the recourse to anthropomorphic legal fictions. (shrink)

Almost twenty years ago, a genuinely new school of thought emerged in the field of jurisprudential methodology. It is a pragmatist school. Roughly, the pragmatists contend that, when inquiring about the nature of law, we should evaluate potential answers based on practical criteria. For many legal philosophers, this contention seems both unclear and unhinged. That appearance is lamentable. The pragmatist approach to jurisprudential methodology has received insufficient attention for at least two reasons. First, the pragmatists do not conceive of (...) themselves as comprising a school; in fact, these proponents have different names for their common position, which makes it hard to see the commonalities. Second, the most famous statement of the pragmatist view has received withering criticism, criticism that has not been sufficiently answered, a fact that may lead opponents of pragmatism, as well as potential supporters, to doubt that a viable view of this kind can be held. This Essay aims to serve as a corrective. (shrink)

A common objection to a pragmatist perspective on scientific expertise is that, while there is a well-known pragmatist theory of inquiry, which was formulated first by Peirce, then refined by Dewey and others, this theory cannot provide a clear-cut account of scientific expertise. In this paper, after addressing this objection in the second section, I claim that, on the contrary, pragmatism offers robust tools to think scientific expertise. In Sections 3 to 7, I present five important insights that one (...) can derive from a pragmatist epistemology when responding to contemporary problems posed by expertise: about science and scientific expertise in a legal context (sections 3 and 4), about collective expertise (sections 5 and 6), and even about expertise on ignorance (section 7). (shrink)

An extensive literature on pragmatism and compromise, as well as their relationship to civic and political leadership, can be found in the field of Public Administration (hereafter PA). PA is broadly defined as that discipline of study addressing the development, institutionalization and reconstruction of bureaucratic-governmental organizations as well as the policies they are tasked to implement—or more “[s]imply stated . . . the management of government agencies." However, the literature is not limited to the works of PA scholars and (...) practitioners. It also encompass the writings of philosophers, and specifically philosophical pragmatists, who can contribute “a kind of methodological sophistication that either sharpens the issues at point in public controversy or discloses the absence of real or genuine issues, thus clarifying the options open for decision." In this literature, questions arise as to how unelected leaders in governmental bureaucracies are guided by pragmatism or pragmatic ideas to (i) negotiate with stakeholders to fashion appropriate compromise agreements, (ii) solve policy problems within a zone of legally mandated authority, (iii) clearly articulate the scope and content of that body of knowledge considered PA scholarship, (iv) understand the origins of PA as a distinct discipline and (v) bridge between the abstract principles offered by PA theorists and the concrete practices of bureaucratic-governmental organizations and public administrators. Classified thematically, these issues fit into four areas: first, controversy over whether administrative action is legitimate (i and ii); second, the PA’s identity crisis as a discipline (iii and iv); third, the gap between theory and practice (v); and fourth, the difficulty of integrating pragmatism and PA (i through v). (shrink)

The hermeneutic pragmatism explored in this article timely examines how “post-truth” claims over-estimate semantic freedoms while at the same time underestimating semantic and pre-semantic restraints. Such pragmatism also timely examines how formalists err by committing the reverse errors. Drawing on insights from James, Peirce, Putnam, Rorty, Gadamer, Derrida, and others, such hermeneutic pragmatism explores (1) the necessary role of both internal and objective experience in meaning, (2) the resulting instrumental nature of concepts required to deal with such (...) experience, (3) the related need for workability to apply to the “the collectivity of experience’s demands, nothing being omitted,” (4) the inherent role of morality and other norms in measuring such workability, (5) the semantic as well as experiential nature of our workable realities, (6) the semantic freedoms involved in constructing, framing, and retaining our workable realities and concepts, and (7) the semantic, pre-semantic, and other restraints on constructing, framing, and retaining our workable realities and concepts. -/- Such hermeneutic pragmatism also introduces Eunomia, a real-world alternative to Dworkin’s superhuman judge Hercules. Named after the Greek goddess of good order, the human Eunomia represents the reasonable judge excellently versed in (among other things) legal theory, legal practice, linguistics, and philosophy of language. Additionally, in its appendices, this article surveys the pragmatic restraints of “implementives” and provides a detailed overview of pragmatic “workability” restraints for both law and fact. -/- (By “sense” the title of this article means not only “meaning conveyed or intended” but also “capacity for effective application of the powers of the mind as a basis for action or response.” See Sense, MERRIAM-WEBSTER’S COLLEGIATE DICTIONARY (11th ed. 2014) “Workable” has the broad meaning discussed in Sections II, IV, and Appendix C of the Article, and "good" is further explored in the section on Eunomia, namesake of the Greek goddess of good order.) -/- Keywords: Pragmatism, Hermeneutic, Truth, Rule of Law, William James, C.S. Peirce, Hilary Putnam, Richard Rorty, Gadamer, Habermas, Derrida, Lon Fuller, H.L.A. Hart, Post-truth, Postmodernism, Trump, Rhetoric, Meaning, Interpretation, Metaphor, Category, Lifeworld, Formalism, Framing, Deconstruction. (shrink)

Fallibilism, as a fundamental aspect of pragmatic epistemology, can be illuminated by a study of law. Before he became a famous American judge, Oliver Wendell Holmes, Jr., along with his friends William James and Charles Sanders Peirce, associated as presumptive members of the Metaphysical Club of Cambridge in the 1870s, recalled as the birthplace of pragmatism. As a young scholar, Holmes advanced a concept of legal fallibilism as incremental community inquiry. In this early work, I suggest that Holmes (...) treats common law cases more like scientific experiments than as deductive applications of already clear rules. Common law rules may be seen as a product of 1) the conflicts that occur in society, 2) the channeling of conflicts into legal disputes, 3) the gradual accumulation of judicial decisions classified into groups, and 4) the development of consensual understanding, expressed in rules and principles, as to how future cases should be classified and decided. This does not involve only lawyers and judges. Especially in controversial cases, it may indirectly involve an entire community. The legal process is seen as an extended intergenerational process of inquiry. It illuminates the relation of thought, expression, and conduct among a community of inquirers, applied to the problems of social ordering. (shrink)

In Law, Pragmatism and Democracy, Richard Posner wrestles with the ghost of John Dewey for the mantle of pragmatist jurisprudence. Most commentators have seen this work as pitting Posner against Dewey in a contest of pragmatisms, the stakes for which are no less than their respective legacies for legal and democratic theory. Some have sided with Posner and others with Dewey. I contend that the commentators have misidentified the target of Posner’s critique. Posner had another legal theorist (...) in mind and he was disingenuous in naming Dewey. A careful reconstruction of Posner’s argument shows that Dewey’s pragmatism provides a genuine middle way between Posner’s position and that of his intended rival. (shrink)

We are concerned in this paper to establish the rationality of American legal realism by adopting a theory of reconstruction. American realism is plagued with dichotomies in relating theory and practice; and the need to broach these dichotomies involves transcendence of experience and transference of consciousness. In doing this, we have both to excavate and to justify its philosophy, logic and science. American legal realism has its root in the philosophy of pragmatism and a logic that sets (...) out the essential elements associated with the making and determination of the law through instrumentality of the court. The validity of this category of legal theory tends to lie on the extent of immediate use to which law can be put or the benefits it can afford the American society. Believing in the possibility of a realistic theory of law that is purely American precludes belief in universal understanding of human legal experience distinct from the understanding gained through the cultural lenses of the American people. Although American realists differ remarkably even within a single paradigm, nevertheless three areas of logical unity among them are that: They bear a cross relevance, a complementing and interlocking of results, and a similar faith in attacking legal problems. A completely empirical understanding of American legal realism seems nebulous, because causality presupposes the interaction of American liberal and legalistic political attitudes. Legalism is the life wire of American culture and this makes distribution of rights and legal predictability possible: incidentally language is an important instrument for making this happens. Countries seeking to adopt the American model of legal order or something similar to it should be capable of an equivalent orientation in terms of formulating their philosophy, logic and science of adjudication. (shrink)

In addition to providing a rebuttal of the “paper-doubts” of the would-be skeptic, pragmatists have also been quite responsive to the social dimensions of doubt. This is true concerning the causes of doubt. This is true also regarding its consequences: doubt has consequences on epistemic trust; on the way we discuss truths, either about the sciences or about the “construction of good”. Readers of Dewey’s The Quest for Certainty and of some of his most important political writings can easily see (...) how practical uncertainty can degenerate into practical and political skepticism, preventing the emergence of the public. This social aspect of the question has received less attention, perhaps, than the general pragmatist stance towards skepticism, and the present symposium offers a rst round of insights into this aspect of the question: the papers retrieved below all cast light on important aspects of the debate on justi cation, on scienti c dogmatism, on irony and skepticism, on doubt and legal theory, on skepticism and political anarchism. (shrink)

Legal philosophers distinguish between a static and a dynamic interpretation of law. The former assumes that the meaning of the words used in a legal text is set at the moment of its enactment and does not change with time. The latter allows the interpreters to update the meaning and apply a contemporary understanding to the text. The dispute between these competing theories has significant ramifications for social and political life. To take an example, depending on the approach, (...) the term “cruel punishment” used in the US Constitution will be given an 18th century meaning or a contemporary one. -/- The philosophy of language seems to provide greater support to the static approach to legal interpretation. Within this approach the lawmaker is perceived as a speaker and legal texts are interpreted as utterances. As a consequence, interpretation is a quest for the speaker/lawmaker’s intention or the public meaning that prevailed at the time of enactment. Neither the intention nor the public meaning are considered to have changed in time. -/- In this paper I argue that the philosophy of language provides the dynamic approach with an equally robust support as the static one. This support comes from an externalist perspective in semantics, rooted in philosophical pragmatism and supported by Ruth Millikan’s concept of meaning as proper function. Grounding the dynamic approach in a well-founded linguistic philosophy rises to the challenge presented by the originalists’ declaration that “it takes a theory to beat a theory”. (shrink)

Even if one sees the law as “a self-contained system of legal reasoning” from which we deduce “neutral,” non-political conclusions from “general principles and analogies among cases and doctrines” (including formalist claims that judges simply call “balls and strikes” like umpires in a baseball game), one should still consider certain characteristics of the party making such deductions or calling such “balls and strikes.” [Relevant citations to quoted language are in the Article.] If such decision maker has questionable motivations, lacks (...) proper perspective, does not grasp the flexibility in the concepts in play, does not grasp the restraints on concepts in play, does not follow the proper processes involved, and lacks the detail, courage, and tenacity needed to reach the proper “deduction” or “call,” on the face of things the formalist, too, should have reason to re-examine any “deduction” or “call” by such party. Thus, even the formalist should not deny the critical role of virtue when examining legal analysis, a role belying the notion of law as a "self-contained system of legal reasoning." -/- This Article thus explores basic freedoms and restraints applicable to legal analysis and the role that virtue plays in balancing such freedoms and restraints. Such exploration covers: (i) the origin, nature, and purpose of concepts and categories used in legal analysis; (ii) the experiential nature of the meaning of such concepts and categories used in legal analysis; (iii) the freedoms and restraints applicable to such concepts and categories as a result of either experience or of the concepts or categories themselves; (iv) how workable notions of virtue rightly balance such freedoms and restraints in legal analysis; (v) the distinction between such virtue and skill; (vi) reconceiving the analytically virtuous mean as a proper balance between such applicable freedoms and restraints; and (vii) defining and surveying the particular virtues that lead us to such proper balance and thus to good legal analysis. My hope is that lawyers and law schools in their curricula will follow such explorations as well in a quest to better understand legal analysis and how to teach and perform it well. (shrink)

This chapter sketches a reconstruction of the concept of hidden inwardness that argues that the concept refers to ethico-religious characters that are expressed in deeds and words, rather than a private inner world. By relying on the distinction between morality and legality, I argue that “hidden inwardness” is not compatible with all kinds of behavior and that it is better described negatively than positively. The concept of hidden inwardness need therefore not be as problematic as is often assumed, since it (...) mainly involves the idea that we do not know hearts and minds. Still, Kierkegaard’s later works use “hidden inwardness” in a different manner than the earlier pseudonymous writings. However, I argue that this change in use of the term involves more a change of emphasis, which prevents misuses of “hidden inwardness,” than any significant change of theoretical position. Finally, I show that “hidden inwardness” sheds light on the controversial theses “Subjectivity is truth” and “Subjectivity is untruth” in Concluding Unscientific Postscript. (shrink)

Legal philosophers make a number of bold, contentious claims about the nature of law. For instance, some claim that law necessarily involves coercion, while others disagree. Some claim that all law enjoys presumptive moral validity, while others disagree. We can see these claims in at least three, mutually exclusive ways: (1) We can see them as descriptions of law’s nature (descriptivism), (2) we can see them as expressing non-descriptive attitudes of the legal philosophers in question (expressivism), or (3) (...) we can see them as practical claims about how we should view law or order our society (pragmatism). This paper argues that we should understand these claims in the pragmatist way, as claims about how we should view law or order society. (shrink)

This article maintains that the so-called theory-practice divide in legal education is not only factually false but semantically impossible. -/- As to the divide's falsity, practitioners have of course performed excellent scholarship and academics have excelled in practice. As to the divide's semantic impossibility, this article examines, among other things: -/- (1) the essential role of experience in meaning, -/- (2) the resulting inseparability of theory and practice in the world of experience, -/- (3) problems the divide shares in (...) common with debunked Cartesian dualism, and -/- (4) modern cognitive psychology’s notions of embodied meaning which further underscore the semantic impossibility of separating theory from practice in the world of experience. -/- Using insights from such examinations, this article also explores implications of a debunked theory-practice divide for, among other things, law school curriculums and law school faculty hiring standards. -/- Keywords: legal education, legal writing, semantics, theory, practice, experience, Charles Sanders Peirce, embodied meaning, cognitive psychology, Cartesian dualism, affordance knowledge, metaphor, George Lakoff, category, humanities, Langdell, pragmatism, semiotics, philosophy. (shrink)

This article argues that ethics need not be toothless or side-lined in the technology governance debates. Rather, moral evaluation is necessary, even when legal compliance is already possible. Moral evaluation supplies answer not only to what is legal or illegal but also to what is good and better for society. The article first defends a pragmatist ethics approach to uncovering the inevitability of values and norms embedded in digital technologies and related to their design and use. It then (...) makes the case for policymakers to engage in the anticipatory ethics of technology. This approach provides a toolbox to tackle moral dilemmas and better understand what trustworthiness and ethics mean in certain contexts. The convergence of ethics and policy is not only worth pursuing but a necessity for good technology governance if we are to achieve a Europe fit for the digital age. (shrink)

This chapter does not presume to outline a new economic theory, nor a novel perspective on Jewish approaches to economy. Rather, it suggests the concept of pragmatic interestedness (PI) as means for thinking on the search for conscious or moral forms of capitalism. In short, pragmatic interestedness means that having interests is basic to human nature, and that interestedness is or can be non-egoistic and pro-social. This chapter proposes that PI, which has a significant role in normative Jewish tradition, can (...) contribute to the articulation of conscious capitalism. The chapter first defines what pragmatic interestedness is, and its opposite, namely disinterestedness (DI), which demands total impartiality. The second section considers the influential Christian concept of Agape or universal and egalitarian love, which is arguably at tension with eros and particular commitments (and with PI in this regard). It is argued that prominent modern philosophies secularize the Agape, especially Karl Marx’s Communism and Peter Singer’s Sentientism, in a way that marginalizes PI. The third section explores the appearance of pragmatic interestedness within rabbinic Jewish tradition, by (i) presenting the complicated duality of the concept of interest, (ii) emphasizing the recognition of human needs and interests in Judaism and (iii) highlighting Jewish sensitivity to the differences between various spheres of human commitment, and (iv) the role of market and economic considerations in Jewish tradition. The fourth section reflects more broadly on how PI may contribute to the conception of conscious or humane capitalism. (shrink)

This study aimed to assess the effectiveness of remedial instruction in improving the numeracy skills of Grade 7 students at Malbug National High School during the school year 2023-2024. Adopting a quasi-experimental research design, the research focused on Grade 7 students at Malbug National High School, Cawayan East District, Masbate Province Division, Philippines, identified as non-numerates, employing pre-tests and post-tests as essential research tools. The independent variable was the remedial instruction in numeracy, while the dependent variable was students' numeracy performance (...) measured through pre-tests and post-tests. Before the intervention, the pre-test numeracy performance exhibited a varied distribution of students across different score ranges. A majority fell into the "Needs Major Support" category, emphasizing the necessity for targeted interventions. The post-test results, however, revealed a remarkable improvement, with 87.88% of initially non-numerate students achieving scores in the "Transforming" range. A thorough statistical examination validated a notable disparity in the scores obtained before and after the instructional intervention, substantiating the favorable influence of remedial instruction. The calculated t-value of 19.594, exceeding the critical t-value, led to rejecting the null hypothesis. In conclusion, the study emphasizes the need for tailored interventions based on the initial deficiency in numeracy skills. The post-test results underscored the success of remedial instruction in fostering substantial growth. The study recommends sustaining the remedial program, implementing periodic assessments, providing teacher training, involving parents in students' development, allocating adequate resources, and further research in other schools to strengthen findings. (shrink)

This capstone project aimed to enhance the operational efficiency of school transactions at Mary Perpetua E. Brioso National High School (MPEBNHS) in response to challenges posed by the COVID-19 pandemic. This goal was achieved by developing and implementing the Mobile-Based Selected School Services Application, "iSkulSerb." The development of iSkulSerb followed the systematic approach of Borg and Gall's (1983) Research and Development (R&D) methodology for creating and validating educational products. To ensure the validity and reliability of the application, it underwent rigorous (...) examination by both IT and education experts. Additionally, survey questionnaires were administered during the project's implementation to assess the impact of iSkulSerb's features on school stakeholders. The research findings highlighted positive perceptions and outcomes related to iSkulSerb. Stakeholders demonstrated a favorable acceptance of the application, as evidenced by an overall weighted mean of 4.34. The accessibility of school services saw a substantial improvement, reflected in the weighted mean of 4.37. User-friendliness also received positive feedback, with an overall weighted mean of 4.27. These findings suggest that iSkulSerb effectively addresses the challenges faced by the school, contributing to enhanced operational efficiency and improved stakeholder experiences. Given the demonstrated reliability and efficacy of iSkulSerb, there is a compelling case for its widespread adoption across other public schools within the Schools Division of Masbate Province. The positive reception and success metrics indicate that iSkulSerb can serve as a benchmark for other regional schools. (shrink)

Pragmatism is resurging, especially among embodied cognitive scientists. The growing appreciation of the body accompanying this fits with increasing recognition that cognition and perception are valuative, which is to say, emotional, interested and aesthetic. In what follows, I detail how classical pragmatic thinking—specifically that of William James and John Dewey—anticipates recent valuative theories of mind and how it can be used to develop them further.I begin by discussing James's concept of selective interests, how it meshes with contemporary research and (...) how the two together suggest not only that cognition is valuative, but that emotions bring us rationally into touch with our worlds. Recent advocates cite... (shrink)

This chapter examines the pragmatist approach to cognition and experience and provides some of the conceptual background to the “pragmatic turn” currently underway in cognitive science. Classical pragmatists wrote extensively on cognition from a naturalistic perspective, and many of their views are compatible with contemporary pragmatist approaches such as enactivist, extended, and embodied-Bayesian approaches to cognition. Three principles of a pragmatic approach to cognition frame the discussion: First, thinking is structured by the interaction of an organism with its environment. Second, (...) cognition develops via exploratory inference, which remains a core cognitive ability throughout the life cycle. Finally, inquiry/problem solving begins with genuinely irritating doubts that arise in a situation and is carried out by exploratory inference. (shrink)

This volume offers a collection of in-depth explorations of pragmatism as a framework for discussions in philosophy of science and metaphysics. Each chapter involves explicit reflection on what it means to be pragmatist, and how to use pragmatism as a guiding framework in addressing topics such as realism, unification, fundamentality, truth, laws, reduction, and more. -/- .

This chapter introduces and defends a pragmatist model of aesthetic disagreement that avoids many of the philosophical puzzles generated by the traditional, semantic, approach. Mainstream philosophical inquiry into aesthetic disagreement begins with a rather innocuous assumption: to understand what’s going on we must first explain what disputants are saying, which involves identifying the meaning of the relevant expressions or determining how aesthetic claims could be true. However, this task brings with it a new host of semantic and epistemic puzzles and (...) fails to vindicate the central role aesthetic disagreements occupy in our aesthetic lives more generally. Further, it isn’t clear how settling the meaning of aesthetic expressions bears on everyday aesthetic disagreements. Paying attention to what we do in an aesthetic disagreement will give us a better chance at identifying what matters for determining what we say. (shrink)

Feminist theorists have shown that knowledge is embodied in ways that make a difference in science. Intemann properly endorses feminist standpoint theory over Longino’s empiricism, insofar as the former better addresses embodiment. I argue that a pragmatist analysis further improves standpoint theory: Pragmatism avoids the radical subjectivity that otherwise leaves us unable to account for our ability to share scientific knowledge across bodies of different kinds; and it allows us to argue for the inclusion, not just of the knowledge (...) produced from marginalised bodies, but of the marginalised themselves. (shrink)

According to doxastic pragmatism, certain perceived practical factors, such as high stakes and urgency, have systematic effects on normal subjects’ outright beliefs. Upholders of doxastic pragmatism have so far endorsed a particular version of this view, which we may call threshold pragmatism. This view holds that the sensitivity of belief to the relevant practical factors is due to a corresponding sensitivity of the threshold on the degree of credence necessary for outright belief. According to an alternative but (...) yet unrecognised version of doxastic pragmatism, practical factors affect credence rather than the threshold on credence. Let’s call this alternative view credal pragmatism. In this paper, I argue that credal pragmatism is more plausible than threshold pragmatism. I show that the former view better accommodates a cluster of intuitive and empirical data. I conclude by considering the issue of whether our doxastic attitudes’ sensitivity to practical factors can be considered rational, and if yes, in what sense. (shrink)

A widely cited roadblock to bridging ecological psychology and enactivism is that the former identifies with realism and the latter identifies with constructivism, which critics charge is subjectivist. A pragmatic reading, however, suggests non-mental forms of constructivism that simultaneously fit core tenets of enactivism and ecological realism. After advancing a pragmatic version of enactive constructivism that does not obviate realism, I reinforce the position with an empirical illustration: Physarum polycephalum (a slime mold), a communal unicellular organism that leaves slime trails (...) that form chemical barriers that it avoids in foraging explorations. Here, environmental building and sensorimotor engagement are part of the same process with P. polycephalum coordinating around self-created, affordance-bearing geographies, which nonetheless exist independently in ways described by ecological realists. For ecological psychologists, affordances are values, meaning values are external to the perceiver. I argue that agent-enacted values have the same status and thus do not obviate ecological realism or generate subjectivism. The constructivist-realist debate organizes around the emphasis that enactivists and ecological theorists respectively place on the inner constitution of organisms vs. the structure of environments. Building on alimentary themes introduced in the P. polycephalum example and also in Gibson’s work, I go on to consider how environment, brain, visceral systems, and even bacteria within them enter perceptual loops. This highlights almost unfathomable degrees of mutually modulating internal and external synchronization. It also shows instances in which internal conditions alter worldly configurations and invert values, in Gibson’s sense of the term, albeit without implying subjectivism. My aim is to cut across the somatic focus of enactive constructivism and the external environment-oriented emphasis of ecological realism and show that enactivism can enrich ecological accounts of value. (shrink)

I argue that Richard Rorty was mistaken to argue that Sellars's commitment to picturing undermined his commitment to pragmatism. Instead, I argue that Sellarsian picturing, correctly interpreted, is itself continuous with pragmatism's emphasis on organism-environment interaction. I trace the origins of Rorty's misunderstanding of picturing to his misunderstanding of Kant, and hence to a misunderstanding of what it would mean to naturalize Kant.

In a short exchange published in 2000, Richard Rorty and Robert Brandom differed over the status of “facts” in a world containing no speakers and, hence, no speech acts. While Brandom wanted to retain the meaningfulness of talk of “facts” or “truths” about things—in this case truths about photons —in a world in which there could be no claimings about such things, Rorty denied the existence of any such “worldly items” as “facts.” In this essay the difference between Rorty and (...) Brandom on this issue is used to explore their differing attitudes to modality. Brandom appeals to a Kantian approach of modal realism to support counterfactual claims. However, I argue that when his approach to modality is examined in the context of current debates over possible world semantics, his own “incompatibilist” semantics itself seems incompatible with a Kantian approach to modality. In turn, I suggest that this difference between Brandom and Rorty in their attitudes to modality reveals a difference in their respective attitudes to pragmatism’s relation to philosophy in general. (shrink)

In this article I examine the main conceptions of public reason in contemporary political philosophy in order to set the frame for appreciating the novelty of the pragmatist understanding of public reason as based upon the notion of consequences and upon a theory of rationality as inquiry. The approach is inspired by Dewey but is free from any concern with history of philosophy. The aim is to propose a different understanding of the nature of public reason aimed at overcoming the (...) limitations of the existing approaches. Public reason is presented as the proper basis for discussing contested issues in the broad frame of deep democracy. (shrink)

Robert Talisse and Scott Aikin have argued that substantive versions of value pluralism are incompatible with pragmatism, and that all such versions of pluralism must necessarily collapse into versions of strong metaphysical pluralism. They also argue that any strong version of value pluralism is incompatible with pragmatism’s meliorist commitment and will block the road of inquiry. I defend the compatibility of a version of value pluralism (the strong epistemic pluralism of John Rawls) with pragmatism, and offer counterarguments (...) to all of these claims. (shrink)

In a series of ten articles from leading American and European scholars, Pragmatist Epistemologies explores the central themes of epistemology in the pragmatist tradition through a synthesis of new and old pragmatist thought, engaging contemporary issues while exploring from a historical perspective. It opens a new avenue of research in contemporary pragmatism continuous with the main figures of pragmatist tradition and incorporating contemporary trends in philosophy. Students and scholars of American philosophy will find this book indispensable.

This paper assesses the prospects of a pragmatist theory of content. I begin by criticising the theory presented in D.H. Mellor’s essay ‘Successful Semantics’. I then identify problems and lacunae in the pragmatist theory of meaning sketched in Chapter 13 of Dummett’s The Logical Basis of Metaphysics. The prospects are brighter, I contend, for a tempered pragmatism, in which the theory of content is permitted to draw upon irreducible notions of truth and falsity. I sketch the shape of such (...) a theory and illustrate the role of its pragmatist elements by showing how they point towards a promising account of the truth conditions of indicative conditionals. A feature of the account is that it validates Modus Ponens whilst invalidating Modus Tollens. (shrink)

Pragmatism and the correspondence theory of truth are longtime foes. Nevertheless, there is an argument to be made that pragmatists must embrace truth as correspondence. I show that there is a distinctive pragmatic utility to taking truth to be correspondence, and I argue that it would be inconsistent for pragmatists to accept the utility of the belief that truth is correspondence while resisting the premise that this belief is correct. -/- In order to show how pragmatists can embrace truth (...) as correspondence, I develop a kind of alethic pluralism, which treats pragmatist truth as theoretically fundamental to truth as correspondence. This theoretical fundamentality of pragmatist truth allows the pragmatist to conditionally accept truth as correspondence for certain discourses without falling prey to the typical pragmatist objections to correspondence. This pluralist account of truth thus allows pragmatists to concede that, for certain domains of discourse, truth is correspondence, without thereby betraying their pragmatist principles. (shrink)

A theory of learning for the future advocates the teaching of a preparedness to respond in a creative way to difference and otherness. This includes an ability to act imaginatively in situations of uncertainties. John Dewey’s pragmatism holds the key to such a learning theory his view of the continuous meetings of individuals and environments as experimental and playful. That pragmatism has not yet been acknowledged as a relevant learning theory for the future may be due to the (...) immediate connotation and the many interpretations associated with the term ‘experience’, which is at the heart of Dewey’s educational thinking. Dewey defi ned experience in a way that is not well understood within educational research, and in a way that is easily confused with the term ‘experiential learning’. The latter refers to the importance of participants’ ‘experiences’ derived from bodily actions and stored in memory as more or less tacit knowledge. (shrink)

Overview of the pragmatist philosophy of history.

Nietzsche holds that one should believe what best promotes life, and he also accepts the correspondence theory of truth. I’ll call this conjunction of views Nietzschean pragmatism. This article provides textual evidence for attributing this pragmatist position to Nietzsche and explains how his broader metaethical views led him to it.The following section introduces Nietzschean pragmatism, discussing how Nietzsche expresses it in BGE, and distinguishing it from William James’s pragmatism about truth. The second section explains how Nietzsche’s skepticism (...) about values that can’t be grounded in individual passion attracted him to this kind of pragmatism. The third section explores an early application of Nietzschean... (shrink)

I propose a new formalist account of legal (/proximate) causation – one that holds legal causation to be a matter of amoral, descriptive fact. The account starts with a metaphysical relation, akin to but distinct from common-sense causation, and it argues that legal causation aligns exactly with that relation; it is unified and principled.

Pragmatism is typically understood as a philosophy embedded in scientific inquiry. Thinkers, like Charles Peirce (1877), C.I. Lewis (1923) and Susan Haack (1998) envisioned pragmatism and its scientific inquiry as a method of systematizing our beliefs and acquiring knowledge. They thought that scientific practice and its implied standards, techniques, and values is the only source of hope for scientific and philosophical progress. In this dissertation, I construct a pragmatic approach to the meta-ethical questions of our moral truths, beliefs (...) and principles that proposes a normative systematization of ethics grounded in moral practice, development and experimentation. I argue that maintaining a pragmatic faith in the origination and formation of our moral constitutions will provide us with a realist, cognitivist and objective view of reality subject to the capacities of our human cognition and empirical evidence and not subject to metaphysical and universal methods of reasoning. (shrink)

An annotated bibliography of legal epistemology.

Beginning with a thought experiment about a mysterious Delphic oracle, this article motivates, explains, and attempts to defend a view it calls Ethical Pragmatism. Ethical Pragmatism is the view that we can and should carry on our practice of moral deliberation without reference to moral truths, or more broadly, without reference to metaethics. The defense the article mounts tries to show that neither suspicions about the tenability of fact-value distinctions, nor doubts about the viability of global pragmatism, (...) nor worries about the “force” of ethical injunctions without reference to moral truths constitute good reason to reject Ethical Pragmatism. (shrink)

In order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- A family of influential cases suggests (...) standards of proof should not be interpreted numerically. These ‘proof paradoxes’ illustrate that purely statistical evidence can warrant high credence in a disputed fact without satisfying the relevant legal standard. In this essay I evaluate three influential attempts to explain why merely statistical evidence cannot satisfy legal standards. (shrink)

C. S. Peirce is often credited as a forerunner of the verificationist theory of meaning. In his early pragmatist papers, Peirce did say that if we want to make our ideas clear(er), then we should look downstream to their actual and future effects. For many who work in philosophy of mind, this is enough to endorse functionalism and dismiss the whole topic of qualia. It complexifies matters, however, to consider that the term qualia was introduced by the founder of (...) class='Hi'>pragmatism himself. Peirce was adamant that only triadic relations can support language and cognition. Even so, he insisted on purely logical grounds that, when we analyze triadic signs all the way, we are left with a qualitative residue he called Firstness. Such an isolated relatum could never be studied experimentally. Yet, given that this primitive state can be confirmed by means of a formal or prescissive distinction, I believe the Peircean account can do justice to many of the intuitions that generate the so-called hard problem of consciousness. My goal, then, is to show that Peirce's semiotic commitment to qualia is compatible with his foundational statements about pragmatism. (shrink)

C. S. Peirce once defined pragmatism as the opinion that metaphysics is to be largely cleared up by the application of the following maxim for attaining clearness of apprehension: ‘Consider what effects that might conceivably have practical bearings we conceive the object of our conception to have. Then, our conception of these effects is the whole of our conception of the object.’ (Peirce 1982a: 48) More succinctly, Richard Rorty has described the position in this way.

ABSTRACT: In this chapter I argue that Sellars’s philosophy was deeply pragmatist both in its motivation and in its content, whether considered conceptually, historically, or in his own estimation, and that this is the case even in the important respects in which his views differ from most pragmatists. However, this assessment has been rejected by many recent pragmatists, with “classicalist” pragmatists frequently objecting to Sellars’s analytic-pragmatist privileging of language at the alleged expense of experience, while many analytic pragmatists themselves emphasize (...) that Sellars’s philosophy arguably runs against the grain of pragmatism in central respects, with Brandom for instance recently remarking that “Sellars never explicitly identified himself with pragmatism.” Part I explores the classical pragmatist influences on the development of Sellars’s philosophy, with reference to aspects of the intellectual background in which those views formed. Part II then outlines more abstractly some of the enduring pragmatist themes in Sellars’s philosophy, including his conceptions of the myth of the given, the space of reasons, and his normative-inferentialist theory of meaning. I conclude in Part III with Sellars’s views on truth and “picturing,” which present a complex case for the question of “how pragmatist” Sellars’s views both were and ought to be. (shrink)

Abstract: For most people, mobile phones and various forms of personal information technology (PIT) have become standard equipment for everyday life. Recent theorists such as Sherry Turkle raise psychological and philosophical questions about the impact of such technologies and practices, but deeper further philosophical work is needed. This paper takes a pragmatic approach to examining the effects of PIT practices upon experience. After reviewing several main issues with technology raised by Communication theorists, the paper looks more deeply at Turkle’s analysis (...) of technology's impacts upon solitude and conversation. Because Turkle only raises but doesn’t pursue the philosophical dimensions of these issues, the work on experience of John Dewey, William James, and John J. McDermott is utilized to provide concepts and methods by which PIT’s effects might be judged. Finally, pragmatist aesthetics is introduced and consulted as a source of constructive ideals which might guide future amelioration of PIT’s more significant drawbacks. (shrink)

William Whewell’s philosophy of science is often overlooked as a relic of 19th century Whiggism. I argue however that his view – suitably modified – can contribute to contemporary philosophy of science, particularly to debates around scientific progress. The reason Whewell’s view needs modification is that he makes the following problematic claim: as science progresses, it reveals necessarily truths and thereby grants a glimpse of the mind of God. Modifying Whewell’s view will involve reinventing his notion of necessary truth as (...) the pragmatist notion of superassertibility. And, if scientific progress does not uncover necessary truths, then it does not reveal the mind of God. The result is an outline of an account of scientific progress that is piecemeal and fallibilist in nature, yet at the same time maintains key Whewellian themes of consilience and the unity of science. (shrink)

Richard Bernstein is among the pragmatist philosophers that have most significantly contributed to the advancement of a philosophical conversation between the American and the European traditions. His work has greatly helped the task of dismantling the boundaries that in the last decades had been erected between philosophical traditions. It is therefore with the greatest pleasure that The European Journal of Pragmatism and American Philosophy inaugurates his series of monographs with Bernstei...