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work for American pragmatic thought. James identified his aim in formulating a pragmatic method when he concluded that much of modern philosophy accomplishes nothing of practical use or importance. Id . at 18-22. In the place of such thought, James outlined the pragmatic method as a sort of tool for getting to the practical truth that is in contention within any substantial dispute regarding ideas. The method begins by asking a simple question, which James repeated throughout Pragmatism : “What difference would it practically make to anyone if this notion rather

hand.” and the erosion of the rule of law reflects the erosion of exactly this sort of reasoning—perhaps along with reasoning as a whole. Thus is lost the appreciation of one of the pragmatic values of tolerating suboptimal results: Such powerful respect for rules may have the unfortunate effect of such results, but also tends to prevent even worse consequences flowing from the abuses by political and legal authorities of their own discretion. I share the increasingly common if not clichéd view that we have reached yet another new low in the crisis of confidence in

. L. 465 (2007). In the academic literature, critiques of the multilateral trading regime have come in numerous forms. For purposes of this article, it suffices to summarize the main critiques. The critiques fall broadly into three categories: pragmatic, privatization, and liberal theory. Pragmatist critiques tend to fault multilateral treaty negotiations are too cumbersome, long, and inefficient. For example, Professors Sungjoon Cho and Claire R. Kelly have argued that extensive lobbying slows treaty negotiations, Sungjoon Cho & Claire R. Kelly, Promises and

The purpose of this paper is to advance a new understanding of Immanuel Kant's view of punishment which will, in turn, cause us to reevaluate our penal practices. One might be skeptical of the possibility of saying anything new in this area, as much ink has been spilled about punishment generally and, more specifically, punishment from a Kantian perspective. I aim to show, however, that the traditional interpretations of Kantian punishment are problematic—and that a more compelling interpretation should cause us to embrace fairer practices in the criminal justice

‘commandeering’ of local government.” Id . Somewhat more pragmatically, University of Florida history professor Sean Trainor compared the sanctuary city movement and Northern opposition to the Fugitive Slave Act by arguing that Trump’s opposition “would also, like the 1850 law By “the 1850 law,” the author is referring to the Fugitive Slave Act. , create common ground between activists on the issue and those who are merely opponents of federal encroachment.” Sean Trainor, What the Fugitive Slave Act Can Teach Us About Sanctuary Cities , Time (Feb. 7, 2017), http

compatibility of Regional Trade Agreements and the WTO: We stress our commitment to the WTO as the unique forum for global trade rule-making and liberalization, while also recognizing that regional trade agreements can play an important role in promoting the liberalization and expansion of trade and in fostering development. Doha Declaration, supra note 5, para. 4, preamble. Within this framework, paragraph 29 of the Doha Declaration further provides that: We also agree to negotiations aimed at clarifying and improving disciplines and procedures under the existing WTO

engage multinational corporations in the effort to end statelessness. The wording of suggested legislation to achieve this aim is proposed below, adapted from the text of Section 1502 of the Dodd-Frank Act, replacing the original conflict minerals text with guidelines to address statelessness: (A) Not later than 270 days after the date of the enactment of this provision , the Securities and Exchange Commission shall promulgate regulations requiring any person with an obligation to provide filings with the Commission to disclose annually, beginning with the person

the interpreting judges to be constrained by something outside of their own moral and political and pragmatic sensibilities, then non-originalist approaches will not obviously be all that appealing to you. Originalism, by contrast, asks you to look to external historical facts to find your answer, and so that answer might (and sometimes will) be one you dislike morally or politically or on efficiency grounds. Put differently, if we are to put much stock in rule of law values then the answers dictated by the legal norms must sometimes differ from the answers the

point of representative democracy. It is beyond the scope of this Essay to consider the implications of the new behavioral economics. See, e.g ., Raj Chetty, Behavioral Economics and Public Policy: A Pragmatic Perspective , 105 A M . E CON . R EV .: P APERS & P ROC . 1, 1-3 (2015). But on the public choice incentives of policymakers, voters, and consumers, see Isaiah Berlin, Two Concepts of Liberty , in L IBERTY : I NCORPORATING F OUR E SSAYS ON L IBERTY 166, 183-85 (Henry Hardy ed., 2002), discussing philosophical objections to certain behavioral

in the C ounty of S urry , and of O ther C rown C ases . T o W hich A re A dded D iscourses upon a F ew B ranches of the C rown L aw 357–59 (Dublin, Sarah Coi 1763); 4 M atthew B acon , A N ew A bridgment of the L aw 651 (Dublin, Luke White, 6th ed. 1793) (“[P]enal laws are to be construed strictly; yet even in the Construction of these, the Intention of the Legislators ought to be regarded.”). Some even seek to trace the origins of the rule to Byzantine times. Geoffrey P. Miller, Pragmatics and the Maxims of Interpretation , 1990 W is . L. R