پراگماتيسم حقوقي

Legal Pragmatism

Pragmatism is one of the most significant philosophical disciplines that in the recent decades, has made effect essentially on several sphere of social life, such as law and politics. This article try to introduce most important basics and requirements of pragmatism and then illustrate the influence of pragmatic thoughts on some major legal concepts, such as adjudication, political duty, legitimacy and human rights, in order to point out differences between "Pragmatism" and "fundamentalism". From the vision of pragmatism, law should be in serve of human needs. Legal decision makers in fact work with multiple norms, no one of which is ultimate. Legal decision makers locate the controversy within a web (or several different webs) of relevant normative analysis, and it is only by locating an issue within these various theories that a judge can understand the full extent of the controversy. Furthermore, the normative rules we find in theories can not capture the full basis of a judgeʹs decision; decision making is also a matter of non-rule-guided intuitive understanding