Pragmatism and Theory in English Law - College of Social Sciences ...

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42 Pragmatism and Theory in English Law they tell us something about the nature of our legal system. Indeed, it is, I suggest, clear enough that the relative status of the academic and the practitioner in the English legal system is a reflection of the differences I have been trying to outline across the whole spectrum of theory and practice. Academics are theorists and the English legal system has an aversion to theory.
2. The Strengths of the Pragmatic Tradition In this lecture I want to pay due respect to the virtues and strengths of the English pragmatic tradition. As an academic myself, I can hardly be expected to have the same scorn for theory that the official vision of the English legal system seems to display, and I shall in my next lecture say something about the weaknesses of the pragmatic tradition. Furthermore, the strengths of the pragmatic tradition, the so-called English genius for "muddling through," the tendency to elevate the virtues of sturdy commonsense over those of rational argument, have so often been trumpeted by a traditional type of bluff, hearty, no-nonsense lawyer that it is easy to react against these exaggerations. In this lecture I want to avoid both the exaggerations and the reaction and to probe a little more deeply into precisely where the strengths of the pragmatic tradition can actually be located. I shall start by looking at some aspects of the English judicial process, taking that in its broadest sense to include 43
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THE HAMLYN LECTURES Thirty-ninth se
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THE HAMLYN LECTURES THIRTY-NINTH SE
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Page 9: CONTENTS The Hamlyn Lectures The Ha
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Page 15 and 16: THE HAMLYN TRUST The Hamlyn Trust c
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92 The Weaknesses of the Pragmatic
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144 Theory Beneath the Surface coul
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186 Table of Cases D.P.P. v. Majews
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188 Table of Cases Sidaway v. Bethl
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INDEX ACADEMIC LAWYERS, 5,132 comme
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Index 193 PARLIAMENTARY SOVEREIGNTY
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