This book sets out a new jurisprudence to displace legal
pragmatism. Legal pragmatism has been the law's deep operating
theory for a century, but it no longer meets the needs of a nation
as diverse as ours. William James defined pragmatism as a method
and a theory of truth. This book offers a new method and a new
theory of truth for use in law, one specifically designed to serve
the needs of a diverse nation. One key feature is perspective
reason. Human reason consists of two elements, the empirical or
sense-based and the rationalistic or reason-based elements. In
parallel with the philosophy of pragmatism, legal pragmatism
attempted a synthesis of the two. This book argues for changes in
the design of the trial made possible by the new theory of truth
and method. The legal pragmatists believed that the trial as a
reasoned inquiry into social dynamics may be ongoing. The proposed
new method draws on recent developments in organizational science.
The legal pragmatists treated practicing lawyers as the legal
equivalent of scientists engaged in inductive inquiry. Thus 20th
century law practice works by requiring that lawyers set out a
statement of facts and conclusion of law in legal pleadings. The
trial then inquires into the claims of fact. This form of legal
science works from the perspective of the social factor as is true
of the newer form of organizational science. An action-based legal
method will make the law much more practical and useful to society.
The trial remains to be rationalized in ways that can accomodate
the reasoning of those who are subject to law. The new theory of
the trial as an action-based, reasoned inquiry into social dynamics
offers lawyers the means to do so.
General
Imprint: |
University Press of America
|
Country of origin: |
United States |
Release date: |
February 1997 |
Authors: |
Nancy E. Rourke
|
Dimensions: |
217 x 165 x 26mm (L x W x T) |
Format: |
Paperback
|
Pages: |
336 |
ISBN-13: |
978-0-7618-0591-5 |
Categories: |
Books >
Social sciences >
Politics & government >
General
|
LSN: |
0-7618-0591-5 |
Barcode: |
9780761805915 |
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