Wednesday, May 24, 2017

Law, Hypothesis, Progressivism

Incorporating Hume's analysis that an empirical Law is a perceived past pattern that is projected as continuing in the future, Pragmatists re-conceive Law as a provisional operative Hypothesis.  On that basis, any insistence that a Law is eternal is Dogmatism that suppresses the Experimental ethos of Modern Science.  Likewise, the elevation of contingent features of a society to the status of immutability functions to perpetuate the status quo, and to repress growth.  Thus, Dewey applies the Pragmatist concept of Scientific Law to Political Law in his development of Progressivism, as a means to promoting continued growth.  From that perspective, the Originalist adherence to the purported intentions of the Founding Fathers is exposed as repressive Dogmatism in the service of entrenched power.

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