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Law and Philosophy

2012

Pragmatism

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Full-Text Articles in Legal History

Experimental Pragmatism In The Third Globalization, Justin Desautels-Stein Jan 2012

Experimental Pragmatism In The Third Globalization, Justin Desautels-Stein

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Pragmatism dominates contemporary legal thought, but knowing this isn’t knowing so much. Legal pragmatism means different things to different people, and as this essay argues, minimalist and experimentalist forms of regulation both share a broadly pragmatic sensibility about law and democracy. As a consequence, we need to tease out the various threads of legal pragmatism in the hope of distinguishing the pragmatisms that work from the ones that don’t, or less pragmatically, the ones that are just from the ones that are not. This knowledge will come from an ongoing assessment of the political stakes immanent in the pragmatisms, and …