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- Title
INFLUÊNCIAS DO PRAGMATISMO FILOSÓFICO SOBRE A ADJUDICAÇÃO PRAGMÁTICA DE DIREITOS.
- Authors
Zanon Junior, Orlando Luiz; Raupp, Daniel
- Abstract
The article examines the possible influences of philosophical pragmatism on legal philosophy and rights adjudication. For this, (1) it discusses the classic philosophical pragmatism of Charles Sanders Peirce, William James and John Dewey, and (2) the contemporary philosophical pragmatism of Richard Rorty and Susan Haack; (3) it examines the main axes of philosophical pragmatism (experience, truth and consequences); and, (4) it describes the three main characteristics of philosophical pragmatism (anti-foundationalism, contextualism and consequentialism), pointing out the topics that can serve legal philosophy and rights adjudication. For this purpose, scientific research was carried out in which the investigation phase was operated with the deductive method. In the data analysis phase, the analytical method was used, and in the report of the results the inductive method was used. The techniques of Referent, Category, Operational Concept and Bibliographic Research were used in the aforementioned phases.
- Subjects
JURISPRUDENCE; LEGAL rights; PRAGMATISM; CONTEXTUALISM (Philosophy); DATA analysis; RORTY, Richard, 1931-2007; PEIRCE, Charles S. (Charles Sanders), 1839-1914; CONSEQUENTIALISM (Ethics)
- Publication
Quaestio Iuris (QI), 2023, Vol 16, Issue 1, p339
- ISSN
1807-8389
- Publication type
Article
- DOI
10.12957/rqi.2023.64670