, the foundational 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
-things-considered decision for the matter at 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
Balance to the WTO , 15 Tulane J. Int’ L & Comp. 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
‘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
conflict minerals provides a realistic and achievable way to 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
negotiations aimed at clarifying and improving disciplines and procedures under the existing WTO provisions applying to regional trade agreements. The negotiations shall take into account the developmental aspects of regional trade agreements. Id . para. 29.
As such, with the increasing number of Regional Trade Agreements being signed by WTO member states, the regulatory turn on “procedures applying to existing WTO provisions” focused on the lack of a functioning multilateral surveillance mechanism for RTAs. See Roberto V. Fiorentino et al., The Landscape of Regional
be convincing. Hence, if you worry about judicial usurpation or judicial activism, and very much desire 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
sometimes welfare-reducing impulses, which is the central 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
cultivate the mind to expand the depth of knowledge about our world. European-American learning focuses on developing these four essential pursuits: active engagement, critical thinking, exploration, and self-expression. In an East Asian model of learning arising from an Eastern intellectual tradition of Confucius, education focuses on developing ethical character and personal excellence. East Asian learning centers on five key virtues aimed at perfecting the moral self: concentration, diligence, endurance, perseverance, and sincerity.
These different models of learning