By Mitchell Aboulafia
Contents Articles Frederic R. Kellogg: Hobbes, Holmes, and Dewey: Pragmatism and the matter of Order Brian E. Butler: Dews, Dworks, and Poses make a decision Lochner Sor-hoon Tan: Our nation wrong or right: a practical reaction to Anti-Democratic Cultural Nationalism in China Stephen Harris: Antifoundationalism and the dedication to decreasing pain in Rorty and Madhyamaka Buddhism Eric Thomas Weber: On utilising Ethics: who is fearful of Plato's Cave? William Gavin, Stefan Neubert, and Kersten Reich: Language and Its Discontents: William James, Richard Rorty, and Interactive Constructivism Matthew J. Brown: actual difficulties and the importance of technology Robert Chodat: Evolution and rationalization: Biology, Aesthetics, Pragmatism Joseph Margolis: Pragmatism's destiny: a slightly of Prophecy Review Essay Brian E. Butler: Sen's The thought of Justice: again to the (Pragmatic) destiny Book Reviews Tibor Solymosi: Review of Jay Schulkin. Cognitive model: A Pragmatist viewpoint
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Additional info for Contemporary Pragmatism. Volume 7, Number 2. December 2010
Second, Dews, Dworks and Poses Decide Lochner 43 Dewey does not claim that all conflict is, in the end, eliminable. What is claimed is that if it is eliminable in a manner that harmonizes interests, his proposed form of government is best placed to find the solution. 81. Dewey, “The Public,” p. 364. 82. John Dewey, “My Philosophy of Law,” in The Later Works of John Dewey, vol. 14, ed. Jo Ann Boydston (Carbondale: Southern Illinois University Press, 1988), p. 117. 83. Ibid. 84. , p. 118. 85. John Dewey, “Austin’s Theory of Sovereignty,” in The Early Works of John Dewey, vol.
In either case the common law is seen as a human construction, an active chore, and is to be evaluated through the results it brings about rather Dews, Dworks and Poses Decide Lochner 37 than as to whether or not it is living up to some ideal type. Dews may argue, like Harlan, that American courts, and especially the Supreme Court, are not good at factual inquiry and therefore should defer to legislative judgment. But a Dew cannot make this argument based upon any given political, legislative or legal essence.
Courts are also expected to justify their decisions. This is a different type of logic. The judge’s exposition of a decision aims at making the investigatory logic seem clearer, less vague and situational. ”104 Such exposition may have the salutary effect of strengthening legal stability and regularity, but the packaging also risks confusing a form of apparent logical rigor with stability of practical results in the world. ”105 Dews do not in any way argue that logic is useless, or that there is only the illusion of logical reasoning in law.