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Jurisprudence

University of Miami Law School

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The Pluralistic Universe Of Law Towards A Neo-Classical Legal Pragmatism, Susan Haack Dec 2008

The Pluralistic Universe Of Law Towards A Neo-Classical Legal Pragmatism, Susan Haack

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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).