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Book Synopsis
This book sets out a new jurisprudence to displace legal pragmatism. Legal pragmatism has been the law''s deep operating theory for a century, but it no longer meets the needs of a nation as diverse as ours. William James defined pragmatism as a method and a theory of truth. This book offers a new method and a new theory of truth for use in law, one specifically designed to serve the needs of a diverse nation. One key feature is perspective reason. Human reason consists of two elements, the empirical or sense-based and the rationalistic or reason-based elements. In parallel with the philosophy of pragmatism, legal pragmatism attempted a synthesis of the two. This book argues for changes in the design of the trial made possible by the new theory of truth and method. The legal pragmatists believed that the trial as a reasoned inquiry into social dynamics may be ongoing. The proposed new method draws on recent developments in organizational science. The legal pragmatists treated practicin

A Difference of Reason

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    A Paperback by Nancy E. Rourke

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      Publisher: University Press of America
      Publication Date: 2/26/1997 12:00:00 AM
      ISBN13: 9780761805915, 978-0761805915
      ISBN10: 0761805915

      Description

      Book Synopsis
      This book sets out a new jurisprudence to displace legal pragmatism. Legal pragmatism has been the law''s deep operating theory for a century, but it no longer meets the needs of a nation as diverse as ours. William James defined pragmatism as a method and a theory of truth. This book offers a new method and a new theory of truth for use in law, one specifically designed to serve the needs of a diverse nation. One key feature is perspective reason. Human reason consists of two elements, the empirical or sense-based and the rationalistic or reason-based elements. In parallel with the philosophy of pragmatism, legal pragmatism attempted a synthesis of the two. This book argues for changes in the design of the trial made possible by the new theory of truth and method. The legal pragmatists believed that the trial as a reasoned inquiry into social dynamics may be ongoing. The proposed new method draws on recent developments in organizational science. The legal pragmatists treated practicin

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