Pragmatism and Law: From Philosophy to Dispute Resolution (Law, Justice and Power)

A differend is a case of conflict between (at least) two parties, that cannot be equitably resolved for lack of a rule of judgement applicable to both arguments. One side's legitimacy does not imply the other's lack of legitimacy. Applying a single rule of judgement to both in order to settle their differend would wrong at least one of them, and both of them if neither side admits this rule. The thesis from which this book develops exposes and reveals the differend between the two genres of discourse it is concerned with - pragmatism and law.