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The Pluralistic Universe of Law: Towards a Neo-Classical Legal Pragmatism

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Abstract:

Abstract

After a brief sketch of the history of philosophical pragmatism generally, and of legal pragmatism specifically (section 1), this paper develops a new, neo-classical legal pragmatism: a theory of law drawing in part on Holmes, but also on ideas from the classical pragmatist tradition in philosophy. Main themes are the “pluralistic universe” of law (section 2); the evolution of legal systems (section 3); the place of logic in the law (section 4); and the relation of law and morality (section 5).

Document Type: Research Article

DOI: http://dx.doi.org/10.1111/j.1467-9337.2008.00401.x

Affiliations: University of MiamiSchool of LawCoral Gables, Florida 33124-8087USA, Email: shaack@law.miami.edu

Publication date: December 1, 2008

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