John Dewey'in pragmatist felsefesinin hukuk teorisine yansıması
The Reflection of John Dewey's pragmatist philosophy on law theory
- Tez No: 20861
- Danışmanlar: PROF.DR. ADNAN GÜRİZ
- Tez Türü: Yüksek Lisans
- Konular: Felsefe, Philosophy
- Anahtar Kelimeler: Belirtilmemiş.
- Yıl: 1992
- Dil: Türkçe
- Üniversite: Ankara Üniversitesi
- Enstitü: Sosyal Bilimler Enstitüsü
- Ana Bilim Dalı: Belirtilmemiş.
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: 104
Özet
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Özet (Çeviri)
97 S U MM A R Y The Reflection of John Dewey's Pragmatist Philosophy on Law Theory Dewey legend will live on as long as its source is kept alive by a complete appreciation of its richness that will always he in service to the society, in actual fact the special society with its distinctive charaoter adressed culture, heing faced by problem-bearing conditions that require an altogether fresh intellectual approach but some what an actualized one. Dewey has tried to develop an intellectual insight to the practical rather than practicizing the intellect. The time being we seem to haYe survived a chaotic universe we found ourselves in and sustained survival by simplification and control through the conceptual means of science. Dewey's point of departure, a compound realization of the actual and the possible in the perspective, being thus, the interaction builds a consistent meaning of the daily detail. It has been an experiment, hypothetically humane and educational, diffusing ontologies to the inquiry. Scientific revolution has been realized along the paths drawn by logical thinking! Induction and Deduction taking place one of ter another. At the point where no new sources are at stake for use, repetition covers continuity, for worse each problem with its uniqueness is subjected to a priori principles not capable of functioning cooperatively in the liberation of many others sought for resolution. Order, unity and association are not given but have to be achieved and that only through achieving what these concepts have been or should be related to will be discovered. Dewey has borne the accusation of conceptual anarchism at a time, when urgency for security of action was deeply felt,98 He was well-known for his rational habits of mind that would be building upon practice and experience which in turn would serve in intellectualizing the practice. Continuity was inevitable though it could be diffracted through the process of justification and survival of any order for the sake of claimed security threatened by change. Thus social change on its own did not make progress but needed to be deliberately directed by humane purposes for a better life with moral values taken into consideration. Not a certain goal achieved, aimed at the expense of many others achievable but the way the intelligent planning carried out all gradually should set a criterion of evaluation. If scientific inquiry is to be liberated from subjection to prefixed ends, scientists have to inquire into the realm of should in order to make the difference between a real prob lem and a false one* Classical dualisms and distinctions in historical contexts before getting frozen intellectually have been of use for resolutions offered to the problems of the age but now hamper the further help for the new ones arising. With the inconsistent nature of the problems continually changing, conceptual means still open to further continual renewal are in demand. Our universe is one, still in the making and all existence, in it belongs to and represents a phase of the unified whole in growth, The context for philosophy isedeemed to be a living culture. As nature is subjected to experimental takings, experience becomes founded and bound upon more inclusive naturality, logical forms adding to the subject matter as inquiry processes. For Dewey, affective thought in relation leads to a social and practical turn at the highest point of metaphysics. Philosophy is alive in human experience, being a phenomenon just like the legal order, context developing on selected interest, making the choice and succeeding as long as harmonizing itself with ancient traditions and scientific99 requirements. Science and the best technique of the time strengthens the choice, the selected set of moral values of a better life. Law aş a system with its norma tiye rules serves in life experience, its context getting harmonized, in its requirements to the concrete problem to be solved. The empirical theory of value is being sought. Logical method has to be re-adapted to the circumstances and effects. Logic is relative to effects rather than deducted certainties, The judge in making a decision constructs the proposition by considering the events chosen and defined by the lawyers. The stages occur simulteanously in his mind. The plasticity of the law system has the purpose of social engineering, law being the instrument for better organized democratic society with its values such as human rights.
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