Pragmatic Adjudication

Pragmatism is at one level a philosophical position, just as scientific realism, transcendental idealism, existentialism, utilitarianism, and logical positivism are. It is the level well illustrated by a recently published book in which Richard Rorty and his critics go at each other hammer and tongs over such questions as whether language reflects reality, whether free will is compatible with a scientific outlook, and whether such questions are even meaningful. It is not the level at which this paper is pitched. My concern is with an issue in "applied" pragmatism, although after listening to Professor Grey's talk at the conference about the independence of legal from philosophical pragmatism I realize that this term may be inapt.

I shall take up that issue at the end. The "applied" issue that is my subject till then is whether adjudication-particularly appellate adjudication-can or should be pragmatic.