From Protestant Idealism to Scientific Pragmatism
This chapter argues that the clash between Protestant idealism and secular or scientific pragmatism that was evident during the American culture wars had a direct counterpart in American jurisprudence. Protestant idealism corresponded closely to what has been variously labeled the “classical orthodoxy” or “Langdellian formalism.” Scientific pragmatism more or less corresponded to a movement that called itself “Sociological Jurisprudence” and a later movement known as “Legal Realism.” The struggle between classical legal orthodoxy on the one hand and Sociological Jurisprudence and Legal Realism on the other profoundly shaped the mores of judicial review and helped produce the modern standing doctrine.
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