Main elements of legal pragmatism

In this study, the theory of legal pragmatism will be examined in the framework of its theoretical foundations and practical implications. In the first part of the study, philosophical roots of the legal pragmatism will be revealed. These roots are in pragmatism. Pragmatism, which shaped the basic propositions of legal pragmatism, is an epistemological theory that emerged in the late nineteenth century. Pragmatism will be summarized as appropriate for the purpose of the study. Then, the theoretical approaches and debates that have come to the fore in the history of US law will be briefly discussed. Thus the historical background of the emergence of legal pragmatism will be summarized. Later, the views of the members of the Metaphysical Club -which was the ideological environment within which philosophical pragmatism and legal pragmatism developed- will be expressed to the extent that they influenced legal pragmatism. The first chapter will be completed with the outlines of the pragmatic approaches of Oliver Wendell Holmes and John Dewey, the founders of legal pragmatism. The second chapter, which constitutes the essence of the study, begins with the examination of the general features of legal pragmatism and its position in the field of legal theory. Then, under the heading of the theses of legal pragmatism, the basic theses of this legal theory will be examined. These theses are instrumentalism, contextualism, antifoundationalism and prespectivism. After discussing and explaining these theses, the pragmatist legal movements that emerged in the twentieth century will be evaluated. The pragmatic characteristics of the Legal Realism, Sociological Jurisprudence, Critical Legal Studies, Critical Feminist Scholars and Economic Analysis of Law will be examined and evaluated in terms of the theses of legal pragmatism. The study will be finalized by remarking the pragmatic criticisms and suggestions about the judiciary role, legal education and legal scholarship.