Administrative Law Pragmatism

Levin, Ronald M.

Journal: Washington University Journal of Law & Policy

Volume: 37

First Page: 227

Year: 2011

Bluebook Citation: 37 WASH. U. J. L. & POL'Y 227 (2011)

Author: Ronald M. Levin: all 22 publications


Abstract

I decided that I would spend some time today explaining what I mean by this notion of pragmatism in the context of administrative law and how it has played out in my writing. The word “pragmatism” can have a variety of meanings, ranging from formal philosophy to popular usage. In the field of law, pragmatism commonly means a perspective that evaluates policies by looking at how they work out in practice. The test of a good policy, according to this view, is that it leads to beneficial real-world outcomes.

It can be helpful to contrast pragmatism with formalism and various ideologically driven approaches: the pragmatist tends to mistrust positions that people take “on principle” if those advocates do not take account of how their positions work out in practice.

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