University of Tabriz Journal of Philosophical Investigations 2251-7960 14 30 2020 04 20 Legal Interpretivism versus Legal Pragmatism: an Assessment Legal Interpretivism versus Legal Pragmatism: an Assessment 101 121 10302 10.22034/jpiut.2020.35121.2373 FA Morteza Nouri Assistant professor, Department of Philosophy, Shahid Beheshti University Journal Article 2019 08 14 Ronald Dworkin’s interpretivism contains significant elements which might be both regarded as advantages and disadvantages of this legal theory. Among them, the main one is the concept of “theoretical ascent”. He deliberately targets many pragmatist theories, especially in moral and legal philosophy, with the aid of this concept. On the other hand, this concept, overloaded with metaphysical presuppositions, is highly susceptible to well-known pragmatistic criticisms. So, in this essay, I shall follow two main objectives: 1) I would try to remove superfluous, metaphysical assumptions from his legal theory and adjust it finely to everyday practices of judges and lawyers, thereby increasing its practicality; 2) I would try to show that his interpretivism, grounded on the concept of “theoretical ascent”, could better explain the significant contribution of “theorization” to legal practices, compared to pragmatistic explanations, provided it reduces its notorious metaphysical connotations. In other words, I shall argue that an adjustment on both sides in this conflict say, at the parts of legal interpretivism and legal pragmatism, would lead us to a more inclusive legal theory which does better justice to both “theoretical and practical aspects” of legal practices in everyday life. Ronald Dworkin’s interpretivism contains significant elements which might be both regarded as advantages and disadvantages of this legal theory. Among them, the main one is the concept of “theoretical ascent”. He deliberately targets many pragmatist theories, especially in moral and legal philosophy, with the aid of this concept. On the other hand, this concept, overloaded with metaphysical presuppositions, is highly susceptible to well-known pragmatistic criticisms. So, in this essay, I shall follow two main objectives: 1) I would try to remove superfluous, metaphysical assumptions from his legal theory and adjust it finely to everyday practices of judges and lawyers, thereby increasing its practicality; 2) I would try to show that his interpretivism, grounded on the concept of “theoretical ascent”, could better explain the significant contribution of “theorization” to legal practices, compared to pragmatistic explanations, provided it reduces its notorious metaphysical connotations. In other words, I shall argue that an adjustment on both sides in this conflict say, at the parts of legal interpretivism and legal pragmatism, would lead us to a more inclusive legal theory which does better justice to both “theoretical and practical aspects” of legal practices in everyday life. https://philosophy.tabrizu.ac.ir/article_10302_d5faa036bc620099a19bb4e9dafc54aa.pdf