Pragmatism, Evolutionary Theory and the Plurality of Legal Systems: On Susan Haack’s Philosophy of Law
Abstract
This paper offers an account of Susan Haack’s philosophy of law and points out several aspects within the legal pragmatist tradition that deserve further discussion. Firstly, a systematic presentation of legal pragmatism as it is defended by Haack, who follows Justice Oliver W. Holmes here, is given. Secondly, the limits of an evolutionary perspective of law recommended by legal pragmatism are considered. Finally, the paper discusses whether legal pragmatism is able to handle different legal traditions, thereby focusing on Anglo-American common law and European civil law.