Pragmatism and Law: From Philosophy to Dispute Resolution

ISBN-13: 9781138264021 / Angielski / Miękka / 2016 / 376 str.

Michal Alberstein

Opis

Pragmatism and Law provides a textual reading of the American legal discourse, as it unfolds through various genres of pragmatism, which evolve and transform during the twentieth century. The historical narrative, which the book weaves, traces the transformation of the pragmatic idea from the forefront of philosophical intellectual inquiries at the turn of the twentieth century to a common-sense lawyers’ practical rule of action at the turn of the twenty-first century.

Spis treści

Contents: The maturing of the pragmatic idea in law and society (or: the fall, and rise of philawsophy); Settled law and the law-is-not-but-ought-to-be: the pragmatic philosophy of dispute resolution (or: why couldn’t Henry Hart speak?); Taking sides: margins and phases of pragmatics of legal process disciplines (or: the pragmatists that we are); In search of the dispute: on lawyers and legal philawsophers at Harvard Law school (or: some private hope and public irony); From philawsophy to dispute-resolution (or: layers of mediation, and models of engagements in reality); Concluding notes; Bibliography; Index.

O autorze

Michal Alberstein, Bar Ilan University, Israel