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Document Type

Article

Media Type

Text

Abstract

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.

First Page

1

Last Page

41

Publication Date

11-1-2007

Department

Other

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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