Pragmatism, Logic, and Law

by Frederic Kellogg

Overview

Pragmatism, Logic and Law traces legal pragmatism as a distinct logical theory originated in late 19th century America, covering various issues, cases, personalities, and relevant intellectual movements within and outside law. It addresses pragmatism’s relation to legal liberalism, natural law, critical legal studies (CLS), and neopragmatism.

Product Details

ISBN-13:	9781793616982
Publisher:	Bloomsbury Publishing
Publication date:	12/10/2020
Series:	American Philosophy Series
Sold by:	Barnes & Noble
Format:	eBook
Pages:	204
File size:	575 KB

About the Author

Frederic R. Kellogg is visiting professor at the Federal University of Pernambuco in Recife, Brazil.
Mark W. Teismann taught at Northern Illinois University, where he was a professor, founder of the training program in family and marital therapy, and director of the Family Center.

Table of Contents

Part I: Origins of a Logical Reconstruction
Chapter 1: The Early History
Chapter 2: Induction in Law and Science
Chapter 3: Pragmatism and the Problem of Order
Chapter 4: Hume, Logical Induction, and Legal Reasoning
Part II: Pragmatism and Twentieth Century Legal Theory
Chapter 5: Positivism and the Myth of Legal Indeterminacy
Chapter 6: Pragmatism and Neopragmatism
Chapter 7: Liberalism and Critical Legal Theory
Part III: The Crisis of Contemporary Law
Chapter 8: Principles, Politics, and Legal Interpretation
Chapter 9: Legal Indeterminacy and the Hard Case
Chapter 10: The Abuse of Principle: Robert Alexy's Jurisprudence
Part IV: The Future of Legal Pragmatism
Chapter 11: American Pragmatism and European Social Theory

Editorial Reviews

Judicial independence from executive and legislative agendas has never been more important for constitutional integrity and national stability. The experimental logic of law, in the hands of philosophical pragmatism since O.W. Holmes Jr., can respect past precedent while attending to present-day life. Frederic Kellogg has impressively advanced our comprehension of American legal theory, and possibly rescued it from partisan occupation.

John R. Shook