Tuesday, October 23, 2012

Blomquist on American Judicial Pragmatism

William James (Wikimedia Commons)
Robert F. Blomquist, Valparaiso University Law School, has posted Early American Judicial Pragmatism, 1793-1949.  Here is the abstract:
After the writings of Charles S. Peirce and William James became popular among intellectuals in the early twentieth century, American judges started to use pragmatic parlance to decide cases. Starting with a trilogy of opinions by Supreme Court of Florida Justice Thomas M. Shackelford, a variety of prominent jurists deployed pragmatic analysis in their opinions. These judges included Benjamin Cardozo, Learned Hand, Robert Jackson, and Jerome Frank. American judicial theorists can learn a lot from this early use of pragmatism language in judicial opinions written before 1950.