Three Forms of Legal Pragmatism

Abstract

Within any discipline there are said to be lumpers and splitters, hedgehogs and foxes. My inclinations run to lumping, but in this essay I aim to do some splitting. Specifically, I seek to distinguish among three distinct forms of legal pragmatism. Although my sympathy for one of the strands will likely become clear, my purpose is mainly to identify and distinguish them, not to assess their relative virtues and vices.

Keywords

Legal pragmatism, Sociological jurisprudence, Legal process theory, Legal theory, Legal reasoning

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Authors

Charles L. Barzun

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