HIMACHAL PRADESH NATIONAL LAW UNIVERSITY,

SHIMLA

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SHIMLA, HIMACHAL PRADESH-171014Ph. 0177-2779802, 0177-2779803, Fax:
0177-2779802, Website: http://hpnlu.ac.in

Jurisprudence

Impacts of Pragmatism on the Realist School Of Law

COURSE IN CHARGE: Dr Mritunjay Kumar SUBMITTED BY: Savvy Thakur1

1
1020202131, BA LLB (Hons.) (6th Semester) savvyba2031@hpnlu.ac.in Jurisprudence Assignment
 DECLARATION

I hereby declare that the assignment titled “Impacts of Pragmatism in Realist School of Law”
submitted to Himachal Pradesh National Law University, Shimla, is a record of bonafide project
work carried out by me, Savvy Thakur. I further declare that the work included in this project has
not been submitted and will not be submitted in part or in full for awarding any degree or
diploma in this institute or any other institute or university.

Savvy Thakur
 ACKNOWLEDGEMENT

I sincerely thank my academic supervisor Dr. Mritunjay Kumar, Assistant Professor,

Himachal Pradesh National Law University, Shimla. Without his kind direction in classes,
relevant lectures on the subject matter, and proper guidance at all given times, this project
would have never come to fruition. His lectures have always compelled me to think beyond
the prescribed course and helped me understand the nuances of the subject comprehensively.
Introduction

Jurisprudence is the study and philosophy of law, examining its nature, principles, and theories.

The Realist School is a significant approach within jurisprudence that emerged in the early 20th
century. The Realists focused on the law's practical effects rather than abstract legal principles.
They emphasized the importance of understanding how laws are applied and interpreted in
real-world situations, taking into account social, economic, and political factors.

Conversely, pragmatism is a philosophical approach that emphasizes the practical consequences

and outcomes of beliefs, actions, and theories. Pragmatism prioritizes the practicality and utility
of ideas, focusing on their effectiveness and success in achieving desired results.

The research topic explores how pragmatism has impacted the Realist School in jurisprudence. It
investigates whether pragmatism aligns with the principles and objectives of the Realist School,
and how the incorporation of pragmatic thinking has influenced the practical application of law
within the Realist framework.

The research aims to assess the theoretical compatibility between pragmatism and the Realist
School, examining whether pragmatism enhances or challenges the core tenets of the Realist
approach. It also seeks to explore how the integration of pragmatism has affected the
understanding, interpretation, and implementation of legal rules within the Realist School
framework.

By examining the impact of pragmatism on the Realist School in jurisprudence, this research
contributes to a deeper understanding of how different philosophical perspectives shape legal
theories and practices. It helps elucidate the potential benefits, challenges, and implications of
incorporating pragmatism into the Realist approach and provides insights into the evolving
nature of jurisprudential thought.
Problem Profile

The problem profile delves into the historical context, key principles, and potential implications
of integrating pragmatism into the Realist School of Jurisprudence. It provides a deeper
understanding of the issues and considerations surrounding the topic.

It was around the 1920s that some American Jurists notably Holmes, Cardozo and Gray raised
their voice against the formalistic and doctrinal approaches dominant at the time. They
emphasize on functional and realistic study of law not as limited in the statute but as interpreted
by the Courts in their judicial pronouncement. They were called Realists and their legal approach
has been called Realist School of jurisprudence.2

Realists believed that legal decisions and outcomes were influenced by social, economic, and
political factors, and they emphasized studying the practical effects of law rather than abstract
legal principles. The Realists sought to bridge the gap between legal theory and practice by
focusing on law's actual impact on society.

Though it also is pertinent to mention here that some jurists refuse to accept realism as a separate
school of jurisprudence and hold that at best it may be called as a branch of sociological
jurisprudence. The reason for this emanates from the inability of the realists to present their
views in a coherent fashion as there are different degrees of realism and various fronts and
opinions.3

In parallel, pragmatism emerged as a philosophical movement in the late 19th and early 20th
centuries, primarily led by thinkers such as Charles S. Peirce, William James, and John Dewey.
Pragmatism emphasizes the practical consequences and effectiveness of beliefs, ideas, and
actions. It prioritizes the utility and success of theories and practices in achieving desired
outcomes. Pragmatic thinkers emphasize the importance of experimentation, adaptation, and
flexibility in addressing practical problems.

The problem profile then highlights the potential impact of pragmatism on the Realist School in
jurisprudence. It raises questions about the compatibility between pragmatism and the Realist
School's core principles. The Realist School emphasizes studying law's practical effects and
acknowledges the influence of social, economic, and political factors. Pragmatism, with its focus
on practical consequences and adaptability, aligns with the Realist approach. However, it is
essential to examine whether pragmatism enhances or challenges the fundamental tenets of the
Realist School.

2
Francis J. Mootz III (ed.) On Philosophy in American Law (Cambridge University Press, New York, 2009),
available at: www.cambridge.org/9780521883689.
3
Dias, Jurisprudence 470 (2nd Edition)
The integration of pragmatism into the Realist School may have significant implications for the
understanding, interpretation, and application of legal rules. Pragmatic thinking could offer
insights into how legal rules can be more effectively implemented in real-world contexts. It may
also provide a framework for considering the practical consequences and effectiveness of legal
decisions. However, there may be tensions or conflicts between pragmatism and certain aspects
of the Realist School's principles, which require careful examination.

Furthermore, the problem profile acknowledges that the integration of pragmatism into the
Realist School may present challenges and limitations. It is necessary to identify and evaluate
any potential conflicts or tensions that may arise when pragmatic thinking is applied to the
Realist approach. Understanding these challenges can inform discussions on the practical
feasibility and theoretical coherence of combining pragmatism and the Realist School.

Overall, the problem profile raises important questions about the impact of pragmatism on the
Realist School in jurisprudence. It highlights the need to assess the compatibility, implications,
and potential challenges of integrating pragmatism into the Realist framework. This
understanding is crucial for advancing the field of jurisprudence and exploring new avenues for
the practical application of legal theories.

Research Methodology
The non-doctrinal research method has been used in the paper with a special focus on analyzing
legal theories, philosophies, and their practical implications rather than relying solely on the
study of statutes, case law, and legal doctrines. Since the topic explores the impact of pragmatism
on the Realist School in jurisprudence, non-doctrinal methods would be more suitable for
investigating the theoretical compatibility and practical implications of integrating pragmatism
into the Realist framework.

Objectives
To assess the theoretical compatibility between pragmatism and the Realist School in
jurisprudence.

1. This paper aims to examine the philosophical coherence and alignment between the
principles of pragmatism and the Realist School. It involves analyzing the key concepts,
methodologies, and goals of both pragmatism and the Realist School to determine their
compatibility.

2. To explore the influence of pragmatism on the practical application of law within the
Realist School framework. This objective investigates how pragmatism's integration
 affects the understanding, interpretation, and implementation of legal rules within the
Realist framework. It involves examining whether pragmatism enhances or challenges
the Realist School's emphasis on practical consequences and the impact of social,
economic, and political factors on law.

3. To identify any potential challenges or limitations arising from the integration of

pragmatism into the Realist School.This objective seeks to identify and evaluate any
conflicts, tensions, or practical limitations that may arise when pragmatism is integrated
into the Realist framework. It aims to highlight potential areas where pragmatic thinking
may face challenges or require further refinement to be effectively applied within the
Realist School.

Key Concepts:

Pragmatism: Pragmatism emphasizes the practical consequences and effectiveness of beliefs,

ideas, and actions. It focuses on the utility and success of theories and practices in achieving
desired outcomes. Pragmatism encourages experimentation, adaptation, and flexibility in
addressing practical problems. Key concepts in pragmatism include the primacy of experience,
instrumentalism (the idea that ideas and theories are tools for problem-solving), and fallibilism
(the recognition that beliefs are subject to revision based on new experiences or evidence).

Realist School: The Realist School emphasizes studying the practical effects of law rather than
relying solely on abstract legal principles. Realists believe that legal decisions and outcomes are
influenced by social, economic, and political factors. Key concepts in the Realist School include
legal realism (the idea that law should be understood in its social and political context), the
predictive theory of law (which focuses on predicting the actual outcomes of legal decisions),
and the importance of empirical research in understanding law's impact.

Methodologies:

Pragmatism: Pragmatism encourages empirical research, experimentation, and observation of

practical consequences. It values interdisciplinary approaches and emphasizes the use of
experience and evidence to inform decision-making. Pragmatic methodologies often involve case
studies, comparative analysis, and qualitative research methods to assess the effectiveness and
practicality of ideas.

Realist School: The Realist School utilizes empirical research methods, such as sociological and
anthropological approaches, to study the impact of law on society. Realists emphasize the
importance of observing and analyzing how laws are actually applied and interpreted in
real-world situations. They employ social science methods, including qualitative and quantitative
research, to understand the relationship between law and social phenomena.

Goals:

Pragmatism: The primary goal of pragmatism is to seek practical solutions and outcomes that
address real-world problems effectively. Pragmatists aim to develop theories, ideas, and practices
that are instrumental in achieving desired results. They prioritize the practical consequences and
utility of beliefs and actions.

Realist School: The goal of the Realist School is to understand and explain the practical effects
of law on society. Realists seek to bridge the gap between legal theory and practice by examining
how legal decisions influence behavior, shape social norms, and impact societal structures. They
aim to develop a more accurate understanding of the role and function of law in society.

Compatibility Assessment:
The compatibility between pragmatism and the Realist School lies in their shared focus on the
practical consequences and outcomes of legal theories and practices. Both emphasize the
importance of understanding the real-world impact of law and acknowledge the influence of
social, economic, and political factors. The methodologies employed by both approaches, such as
empirical research and observation, also align in their emphasis on gathering evidence and
understanding the practical effects of law.

However, potential tensions or challenges may arise due to differences in emphasis. Pragmatism
places a stronger emphasis on utility, adaptability, and experimentation, while the Realist School
incorporates broader social and political considerations. Careful analysis is required to determine
the extent of compatibility, any potential conflicts, and how pragmatic thinking can enhance or
challenge the Realist School's core principles.

Overall, assessing the compatibility between pragmatism and the Realist School involves
understanding their key concepts, methodologies, and goals, identifying areas of alignment, and
exploring potential areas of tension or complementarity in their approach to jurisprudence.
Conclusion/ Suggestions