Legal Pragmatism: Community, Rights, and Democracy (American Philosophy)

Technically, Michael Sullivan’s book “Legal Pragmatism” provides a well-constructed account of applying classical pragmatism to the law – suggestions of what judges should do in judicial review, what legal theorists and law practitioners should do in analyzing and evaluating the law, what the general public may do in understanding the law, and so on, using the quintessentially American pragmatism theory.However, the book is helpful for a wide range of readers who may or may not have in-depth understanding of either pragmatism or law. This is because the book not only clarifies and makes it easy to understand what classical pragmatism is (when applied to analyzing the law), but also explains how the law should work (under the guidance of pragmatism) in addressing the issues emerging in the course of the development of our society.In providing such clarifications, the book thoughtfully dispels some of the major misleading interpretations of pragmatism in the context of legal analysis. And in doing so, the book provides significant new insights into what pragmatism really means in guiding the application/interpretation of existing (and sometimes longstanding) laws to issues born in a new (and sometimes drastically changed) world. Such new insights are especially helpful, since blatant abandonment of the existing law (other than through proper legislative procedure) would not work, and mechanical application/interpretation of the law too often would not work either.The analyses in the book offer an excellent framework to a coherent and dynamic approach in applying/interpreting the laws that need to cover important and sensitive issues of the ever-evolving social environment, focusing on constitutional rights related issues (for example, free speech, gun control, and gay marriage).Stylistically, the book is superbly written and an intriguing read.Reading this book should be a highly worthwhile investment for readers who are interested in intellectual guidance/proposal for evaluating current issues in general, or in laws, legal theories or pragmatism in particular.

Almost every legal philosopher of note who is writing today has expressed an opinion about the nature and value of the philosophical school known as pragmatism. With Legal Pragmatism, Professor Michael Sullivan becomes one of the few current legal philosophers - possibly the only one - who has actually studied and come to understand pragmatism, its place in American philosophy, and its potential contributions to contemporary legal problems. Because the historically grounded and forward-looking philosophies of pragmatists like Charles Peirce, William James, and John Dewey have so much of critical value to offer contemporary jurisprudence, it is a pleasure, and a relief, to read a book like this that sweeps aside the caricatures and half-baked formulations of pragmatism that litter the field. In legal theory, the importance of pragmatism has long been recognized, but rarely understood. Sullivan provides what has been sorely lacking: an explanation of the role pragmatism can play in developing a progressive philosophy of law.Legal Pragmatism seeks to imbue our legal practices with intelligence through the work of reconstructing the legal and moral values that make up what Sullivan refers to as our "American democratic subjectivity" - a concept that encompasses our historical and cultural commitment to freedom, individualism, and community. This is a radical agenda, which acknowledges (and requires) the legal theorist's direct participation in contemporary legal controversies, with the goal of building a better, more democratic community:"Historically self-conscious and politically engaged, the pragmatist insists that legal theory needs to understand itself as a participant in democratic dialogue about who we have been, who we are, and who we should become. On the one hand, the legal pragmatist does not make authoritative announcements concerning her version of the good life, then seek to enforce that account through legislation. On the contrary, she understands herself as trying to empower intelligent decisionmaking within the present community by rendering the legal past explicit while laying out possible futures."Sullivan's writing brings these possible futures to mind as he develops a pragmatic theory of individual rights, judicial review, and democracy that moves beyond the tired, traditional dichotomies of individual versus community and minority rights versus democratic legitimacy. His book offers fruitful insights into the concrete problems our democracy faces. It is a major contribution to the philosophy of law, and I highly recommend it to anyone with an interest in either jurisprudence or the vital role philosophy has to play in our democracy.

In Legal Pragmatism, Sullivan draws from John Dewey to develop a pragmatist defense of rights based on individual growth. He expertly dissects the legal philosophy of the late Ronald Dworkin, who had developed a dismissive, straw-man view of pragmatism's approach to rights. Dewey's democratic ideal, Sullivan argues, supports the construction of laws as social tools and the use of the legal system to uphold rights against majority opinions.