The Pragmatic Conception Of Justice

'Pragmatism and Justice' is an interdisciplinary volume of new and seminal essays by political philosophers, social theorists, and scholars of pragmatism which provides a comprehensive introduction and lasting resource for scholars of pragmatist thought and questions of justice

The textual and contextual connections between John Rawls's intellectual figure and American pragmatism (broadly conceived) have become topics of discussion only recently. This is at least in part due to the fact that Rawls seemed to have taken a "pragmatic turn" in his intellectual trajectory—from A Theory of Justice (1971) to Political Liberalism (1993). John Rawls and American Pragmatism: Between Engagement and Avoidance intervenes in these discussions with two unconventional claims corroborated by archival research. First, Daniele Botti shows that Rawls's thinking owes more to the American pragmatists' views than is generally recognized. Second, and in the light of the pragmatist sources of Rawls's thinking, Botti argues that we should reverse the common narrative about Rawls's alleged pragmatic turn and interpret it as a quite "un-pragmatic" one. By making the case for interpreting Rawls as an American pragmatist, this book profoundly transforms not only a widely held interpretation about Rawls's intellectual trajectory, but also our understanding of American philosophical vicissitude in the second half of the twentieth century.

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. During this sequence, a fresh look at American history and legal history in particular is offered through the emphasis on recurring discursive structures which assume incommensurable treatments of basic liberal notions like justice, politics, and truth. Underlying the writing is an interpretative mode of inquiry, based on European post-structural methodologies, while claiming to represent their next intellectual phase. This contemporary mode of inquiry is that of a reading which insists on healing through the paradoxes. It is the same mode that sets, in the author’s view, the updated interpretative model of dispute resolution studies.

Pragmatism is experiencing a resurgence in law, philosophy and social science, with pragmatists seeking a consistent, comprehensive and productive understanding of social life. In its four sections Renascent Pragmatism aids the reinvigoration of pragmatism as an important intellectual tradition and contributor to inquiry and change in social life. The book is a first of its kind for combining essays on theory, method, public policy and empirical scholarship, presenting contributions from philosophers, legal scholars and social scientists. Throughout the book, the concrete linkage between policy, theory and method is emphasized, while recognizing the philosophical tradition in which the inquiries and prescriptions rest.

A wide-ranging anthology of key pragmatist writings The Pragmatism Reader is the essential anthology of this important philosophical movement. Each selection featured here is a key writing by a leading pragmatist thinker, and represents a distinctively pragmatist approach to a core philosophical problem. The collection includes work by pragmatism's founders, Charles Peirce, William James, and John Dewey, as well as seminal writings by mid-twentieth-century pragmatists such as Sidney Hook, C. I. Lewis, Nelson Goodman, Rudolf Carnap, Wilfrid Sellars, and W.V.O. Quine. This reader also includes the most important work in contemporary pragmatism by philosophers like Susan Haack, Cornel West, Hilary Putnam, Richard Rorty, Cheryl Misak, and Robert Brandom. Each selection is a stand-alone piece—not an excerpt or book chapter—and each is presented fully unabridged. The Pragmatism Reader challenges the notion that pragmatism fell into a midcentury decline and was dormant until the advent of "neopragmatism" in the 1980s. This comprehensive anthology reveals a rich and highly influential tradition running unbroken through twentieth-century philosophy and continuing today. It shows how American pragmatist philosophers have contributed to leading philosophical debates about truth, meaning, knowledge, experience, belief, existence, justification, and freedom. Covers pragmatist philosophy from its origins to today Features key writings by the leading pragmatist thinkers Demonstrates the continuity and enduring influence of pragmatism Challenges prevailing notions about pragmatism Includes only stand-alone pieces, completely unabridged Reflects the full range of pragmatist themes, arguments, concerns, and commitments

Naomi Zack pioneers a new theory of justice starting from a correction of current injustices. While the present justice paradigm in political philosophy and related fields begins from John Rawls’s 1970 Theory of Justice, Zack insists that what people in reality care about is not justice as an ideal, but injustice as a correctable ill. For a way to describe real injustice and the society in which it occurs, Zack resurrect Arthur Bentley’s key insight that government and law (or political life) is a constant process of contending interest groups throughout society. Bentley’s main idea allows for a resolution of the contradiction between formal legal equality for U.S. minorities and post-civil rights practical inequality. Just law and unjust practice co-exist as a fact of political life. The correction of injustice in reality requires applicative justice, in a comparison between those who are treated unjustly with those who are treated justly, and the design of effective measures to equalize such treatment. Zack's theory of applicative justice offers a revolutionary reorientation of society's pursuit of justice, seeking to undo injustice in a practical and fully achievable way.