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-- By JessicaCohen - 22 Feb 2010

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Legal realism People like . Cohen writes, "...I think that creative legal thought will more and more look behind the traditionally accepted principles of 'justice' and reason' to appraise in ethical terms the social values at stake in any choice between two precedents." This view seems just a tad circular: we need to know the social values underlying the decision in order to make the decision. Perhaps these aren't Sunday school values" for everyone - I certainly hope they are not - but . Of course the same thing can be said when comparing utilitarianism and deontology. The title "Transcendental Nonsense" .

All of this discussion of real life consequences reminded me of Randolph Bourne's Twilight of Idols. It is possible for pragmatists to become too bogged down in the "process" and lose sight of their overarching aims. Thought constantly in class, while reading Holmes/Cohen etc about the "consequences" of legal decisions, and grew exceedingly frustrating with Formalism. Constitutional Law was painful. But...how do we know the consequences are good? What do we ideally want to come out of a decision? The goodness/badness of each of these consequences needs to have some underlying set of values. Of course the same

In "Twilight of Idols," here's where Bourne comes in.

Pragmatists ended up supporting the war - Dewey? Lippman definitely did (a shame) - why is that? thought war promoted democracy. THE END WAS GOOD - but forgot about the horrors of war? Bourne says that pragmatism gives them a sense of optimism - this definitely happened in our class - and a sense of "control." maybe pragmatism works "against poetic vision, against concern for the quality of life as above the machinery of life."

they are "vague as to what kind of a society they want, or what kind of society America needs, but they are equipped with all the administrative attidutes and talents necessary to attain it"

you need to start with ultimate vision and work backwards, says Bourne. this matches eben's. if you want to be in "radiant cooperation with reality" then your success is "likely to be just that and no more...you never transcend anything"

NEED TO AFFECT INDIVUDALS --> quality of life. malcontents* - take instritutions lightly - "scarcely vaeiled" contempt - skeptical/malicious/ironical - because can't face American life faceon- it's too bad.

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