contemporary pragmatism 15 (2018) 515-524
© koninklijke brill nv, leiden, 2018 | doi 10.1163/18758185-01501124
brill.com/copr
A Different Legal Conservatism
Luke Philip Plotica
Assistant Professor, Department of Political Science, Virginia Tech, USA
luke.plotica@vt.edu
Abstract
In Conservatism and Pragmatism, Seth Vannatta posits and explores several major
conceptual and practical affinities between classical (especially Peircean) pragmatism
and conservatism. Characterizing both as essentially methods rather than ideologies,
he argues that the two ought to be understood as mutually supportive and corrective,
and that they conjointly supply an especially robust set of intellectual resources rel-
evant to contemporary moral, political, and legal concerns. This essay critically exam-
ines Vannatta’s marriage of conservatism and pragmatism in the realm of legal theory.
It argues that while Vannatta’s work provides a rigorous pragmatist alternative to the
familiar legal formalism adopted by many American conservatives, its foundations
may be narrower than Vannatta appreciates and the resulting theory may have little
necessary connection to the dispositional, methodological conservatism upon which
it is purportedly based.
Keywords
conservatism – formalism – legal theory – originalism – realism
As somewhat of an outsider to pragmatist and neo-pragmatist circles, I have
often been struck by the sense that pragmatism—as developed by its so-called
classical exponents, such as Charles S. Peirce, William James, and John Dewey—
appears committed to no political or legal ideology and yet serviceable to a
great many substantive political and legal projects. Dewey, to take just one
example, had clear and emphatic progressive, democratic political commit-
ments, but his larger philosophical vision does not seem to entail his precise
political values and views (though it surely counsels in favor of an open-
textured democratic mentality). Pragmatism’s characteristic responsiveness to