Jamal Awil

← Richard A. Posner - What Has Pragmatism…

Mention of systemic concerns should help demolish the canard that legal pragmatism implies. [fact]

Mention of systemic concerns should help demolish the canard that legal pragmatism implies the suppression of such concerns in favor of doing shortsighted substantive justice between the parties to the particular case. The relevant consequences to the pragmatist are long run as well as short run, systemic as well as individual, the importance of stability and predictability as well as the importance of justice to the individual parties, and the importance of maintaining language as a reliable method of communication as well as the importance of interpreting statutes and constitutional provisions freely in order to make them speak intelligently to circumstances not envisaged by their drafters.

Richard A. Posner, Richard A. Posner - What Ha…, loc. 117