Law Pragmatism and Democracy

Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674042292
Format: PDF
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Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense.

Law Pragmatism and Democracy

Author: Richard A. Posner
Publisher:
ISBN: 9780674018495
Format: PDF, Mobi
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Making a significant contribution to the theory of democracy, this reference maintains that the advantage of democracy is not that it is the rule of the wise or the good, but that it enables stability and orderly succession in government and limits the tendency of rulers to empower themselves to the disadvantage of the public.

Law Pragmatism and Democracy

Author: Richard A. Posner
Publisher:
ISBN:
Format: PDF, ePub, Docs
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1. Pragmatism: Philosophical versus everyday. 2. Legal pragmatism. 3. John Dewey on Democracy and law. 4. Two concepts of democracy. 5. Democracy defended. 6. The concepts applied.

Legal Pragmatism

Author: Michael Sullivan
Publisher: Indiana University Press
ISBN: 0253116988
Format: PDF, ePub
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In Legal Pragmatism, Michael Sullivan looks closely at the place of the individual and community in democratic society. After mapping out a brief history of American legal thinking regarding rights, from communitarianism to liberalism, Sullivan gives a rich and nuanced account of how pragmatism worked to resolve conflicts of self-interest and community well-being. Sullivan's view of pragmatism provides a comprehensive framework for understanding democracy, as well as issues such as health care, education, gay marriage, and illegal immigration that will determine its character in the future. Legal Pragmatism is a bold, carefully argued book that presents a unique understanding of contemporary society, law, and politics.

Pragmatism and Democracy

Author: Dmitri N. Shalin
Publisher: Transaction Publishers
ISBN: 1412844223
Format: PDF
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This volume examines the roots of pragmatist imagination and traces the influence of American pragmatism in diverse areas of politics, law, sociology, political science, and transitional studies. The work explores the interfaces between the Progressive movement in politics and American pragmatism. Shalin shows how early 20th century progressivism influenced pragmatism’s philosophical agenda and how pragmatists helped articulate a theory of progressive reform. The work addresses pragmatism and interactionist sociology and illuminates the cross-fertilization between these two fields of studies. Special emphasis is placed on the interactionists’ search for a logic of inquiry sensitive to the objective indeterminacy of the situation. The challenge that contemporary interactionist studies face is to illuminate the issues of power and inequality central to the political commitments of pragmatist philosophers. Shalin explores the vital link between democracy, civility, and affect. His central thesis is that democracy is an embodied process that binds affectively as well as rhetorically and that flourishes in places where civic discourse is an end in itself, a source of vitality and social creativity sustaining a democratic community. The author shows why civic discourse is hobbled by the civic body that has been misshapen by past abuses. Drawing on the studies of the civilizing process, Shalin speculates about the emotion, demeanor, and body language of democracy and explores from this angle the prospects for democratic transformation in countries struggling to shake their totalitarian past. View Table of Contents

Democratic Hope

Author: Robert B. Westbrook
Publisher: Cornell University Press
ISBN: 1501702068
Format: PDF, ePub
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"The pragmatists' response to the claim that theirs is a deeply American philosophy has been less to challenge the claim than to attempt to embrace it on their own terms. . . . One could speak of a national philosophy as one could not speak of a national chemistry or physics. But national cultures were complicated and often conflicted. Hence the relationship between a philosophy and a national culture could be at once close and fraught with tension."—from Democratic Hope Pragmatism, as Richard Rorty has said, "names the chief glory of our country's intellectual tradition." In Democratic Hope, Robert B. Westbrook examines the varieties of classical pragmatist thought in the work of John Dewey, William James, and Charles Peirce, testing in good pragmatic fashion the truth of propositions by their consequences in experience. Westbrook also attends to the recent revival of pragmatism by Rorty, Cheryl Misak, Richard Posner, Hilary Putnam, Cornel West, and others and to pragmatist strains in contemporary American political thinking. Westbrook's aims are both historical and political: to ensure that the genealogy of pragmatism is an honest one and to argue for a hopeful vision of deliberative democracy underwritten by a pragmatist epistemology and ethics.

The Priority of Democracy

Author: Jack Knight
Publisher: Princeton University Press
ISBN: 9781400840335
Format: PDF, ePub
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Pragmatism and its consequences are central issues in American politics today, yet scholars rarely examine in detail the relationship between pragmatism and politics. In The Priority of Democracy, Jack Knight and James Johnson systematically explore the subject and make a strong case for adopting a pragmatist approach to democratic politics--and for giving priority to democracy in the process of selecting and reforming political institutions. What is the primary value of democracy? When should we make decisions democratically and when should we rely on markets? And when should we accept the decisions of unelected officials, such as judges or bureaucrats? Knight and Johnson explore how a commitment to pragmatism should affect our answers to such important questions. They conclude that democracy is a good way of determining how these kinds of decisions should be made--even if what the democratic process determines is that not all decisions should be made democratically. So, for example, the democratically elected U.S. Congress may legitimately remove monetary policy from democratic decision-making by putting it under the control of the Federal Reserve. Knight and Johnson argue that pragmatism offers an original and compelling justification of democracy in terms of the unique contributions democratic institutions can make to processes of institutional choice. This focus highlights the important role that democracy plays, not in achieving consensus or commonality, but rather in addressing conflicts. Indeed, Knight and Johnson suggest that democratic politics is perhaps best seen less as a way of reaching consensus or agreement than as a way of structuring the terms of persistent disagreement.

Pragmatist Governance

Author: Christopher Ansell
Publisher: Oxford University Press on Demand
ISBN: 0199772436
Format: PDF, Mobi
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The philosophy of pragmatism advances an evolutionary, learning-oriented perspective that is problem-driven, reflexive, and deliberative.

Lincoln s Tragic Pragmatism

Author: John Burt
Publisher: Harvard University Press
ISBN: 0674070534
Format: PDF, Docs
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A New York Times Book Review Editors’ Choice In 1858, challenger Abraham Lincoln debated incumbent Stephen Douglas seven times in the race for a U.S. Senate seat from Illinois. More was at stake than slavery in those debates. In Lincoln’s Tragic Pragmatism, John Burt contends that the very legitimacy of democratic governance was on the line. In a United States stubbornly divided over ethical issues, the overarching question posed by the Lincoln-Douglas debates has not lost its urgency: Can a liberal political system be used to mediate moral disputes? And if it cannot, is violence inevitable? “John Burt has written a work that every serious student of Lincoln will have to read...Burt refracts Lincoln through the philosophy of Kant, Rawls and contemporary liberal political theory. His is very much a Lincoln for our time.” —Steven B. Smith, New York Times Book Review “I'm making space on my overstuffed shelves for Lincoln’s Tragic Pragmatism. This is a book I expect to be picking up and thumbing through for years to come.” —Jim Cullen, History News Network “Burt treats the [Lincoln-Douglas] debates as being far more significant than an election contest between two candidates. The debates represent profound statements of political philosophy and speak to the continuing challenges the U.S. faces in resolving divisive moral conflicts.” —E. C. Sands, Choice

How Judges Think

Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 0674033833
Format: PDF, ePub, Mobi
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A distinguished and experienced appellate court judge, Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases.