Ontological and Epistemological Foundations of Contemporary Pragmatic and Realistic Philosophy of Law
Küçük Resim Yok
Tarih
2015
Yazarlar
Dergi Başlığı
Dergi ISSN
Cilt Başlığı
Yayıncı
Beytulhikme Felsefe Cevresi
Erişim Hakkı
info:eu-repo/semantics/openAccess
Özet
Pragmatism, which is one of the mainstreams of the philosophy of law, became popular in the UK especially after the 18th century on the basis of utilitarianism, and in the USA and Scandinavian countries after the 19th century on the basis of realism. Books on philosophy of law and legal theory discuss these philosophies under the headings of pragmatist and realist philosophies of law, and present it basically as a continuation of the British and American philosophy. However, the roots of these legal movements, which are epistemologically experimental and sensational, ontologically realistic, and ethically utilitarian and relativist should be sought in the whole history of philosophy especially in Ancient Greek Philosophy. Thus, to show this historical background, in the article, we try to return to the history of utilitarianism, pragmatism, realism and relativism in philosophical thought. In the last part of the article, with the help of examples taken from some assessments of contemporary pragmatist and realist philosophers of law, how pragmatism respond to today's complex and interactive social reality is discussed.
Açıklama
Anahtar Kelimeler
Pragmatist law, realist law, philosophy of law, British pragmatism, American pragmatists
Kaynak
Beytulhikme-An International Journal of Philosophy
WoS Q Değeri
N/A
Scopus Q Değeri
Cilt
5
Sayı
2
