This article draws on the literature of legal pragmatism to identify distinctive characteristics of pragmatic reasoning. It then conducts a methodical comparison of pragmatic reasoning with more principled reasoning, which the article identifies as reasoning that gives normative force to formal legal reasons. The article conducts this comparison based on five criteria: (1) generality versus contextuality; (2) level of decision costs; (3) effect on rate of true judicial error; (4) effect on predictability; and (5) effect on judicial legitimacy.
Northern Illinois University Law Review
Morris, Andrew J.
"Some Challenges for Legal Pragmatism: A Closer Look at Pragmatic Legal Reasoning,"
Northern Illinois University Law Review: Vol. 28:
1, Article 4.
Andrew J. Morris, Some Challenges for Legal Pragmatism: A Closer Look at Pragmatic Legal Reasoning, 28 N. Ill. U. L. Rev. 1 (2007).