The practice of law from the John Dewey-Oliver W. Holmes connection

Abstract

The purpose of this paper is to reconstruct and describe some of the most relevant contributions of John Dewey and Oliver W. Holmes Jr. to the theory of law from a pragmatist point of view, and to bring the Spanish-speaking reader closer to the thought of two authors who have been little studied in our continental legal system tradition. First, a conceptual analysis is made of what could be identified with legal pragmatism. Secondly, to analyze some criticisms, particularly the Dworkinian one, and to offer some answers. Thirdly, to analyze the connection between legal theory and social reality, as a characteristic of that tradition from what has been called experimental logic. Then, a description of a method will be presented from a way of describing the legal phenomenon and its application to a concrete case. Finally, conclusions will be drawn.