Most American judges have been practicing pragmatists despite formalist discourse.

Evidence

Although professional discourse has always been predominantly formalist, most American judges have been practicing pragmatists, in part because the materials for decision in American law have always been so various and conflicting that formalism was an unworkable ideal. — Richard A. Posner, What Has Pragmatism to Offer Law?, 118

Categorization

• XREF: connects to: Pragmatic law judges rules by their consequences, not their origins. — Richard A. Posner, What Has Pragmatism to Offer Law?, 38; Judges’ attitudes cannot be reliably inferred from opinion rhetoric — Richard A. Posner, What Has Pragmatism to Offer Law?, 120; Pragmatism requires judges to adapt law to social change, not freeze it. — Richard A. Posner, What Has Pragmatism to Offer Law?, 123

Broader Connections

• Pragmatic law judges rules by their consequences, not their origins. #expands (0.70) — Richard A. Posner, What Has Pragmatism to Offer Law?, 38
• Judges’ attitudes cannot be reliably inferred from opinion rhetoric #corroborates (0.60) — Richard A. Posner, What Has Pragmatism to Offer Law?, 120
• Pragmatism requires judges to adapt law to social change, not freeze it. #expands (0.60) — Richard A. Posner, What Has Pragmatism to Offer Law?, 123