The shared perception of social contexts and its conditions for possibility

Ratio Juris 22 (3):395-415 (2009)
Pragmatist reinterpretations of both deliberative-communicative theory and legal positivism point out the mentalist fallacy entailed by these prevalent models. I argue that pragmatist approaches imply analogous erroneous beliefs since they presuppose as given the shared perception of social contexts. Therefore they take for granted the shared interpretation of social problems and shared selection of common goals. Hence I advance the necessity of inquiring into the possibility conditions for a shared perception of social contexts. This would entail the organization of institutional incentives meant to extend the scope and inclusiveness of the immediate perception of social context expressed by different agents.
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