46

Inferentialist Pragmatism and Dworkin’s ‘Law as Integrity’

“…The duty is inevitable, and the result of the often proclaimed judicial aversion to deal with such considerations is simply to leave the very ground and foundation of judgments inarticulate, and often unconscious, as I have said. 70 Holmes also highlights in the same book, that priority should be given, in the shaping of lawyers, to the study of economy, thus anticipating more radical and utilitarian versions of legal pragmatism such as those exhibited by Posner and by the Law and Economics movement. 71 There certainly are other elements on Holmes' conception of law that seem to follow from those other pragmatist theoretical commitments, shared by pragmatists in broad sense.…”