Law, pragmatism, and democracy

Type

Book

Authors

Posner, Richard A.

ISBN 10

0674010817

ISBN 13

9780674010819

DDC

340

Tags

Law, Political, Democracy, Philosophy, Political Ideologies, American General Law, Richard A. Posner

Abstract

Argues for a conception of the liberal state based on pragmatic theories of government, and 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. Further 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. [book cover].

Description

Content:
Pragmatism : philosophical versus everyday -- Legal pragmatism -- John Dewey on democracy and law -- Two concepts of democracy -- Democracy defended -- The concepts applied -- Kelsen versus Hayek : pragmatism, economics, and democracy -- Legality and necessity -- Pragmatic adjudication : the case of Bush v. Gore -- Purposes versus consequences in First Amendment analysis.

Biblio Notes

Includes bibliographical references and index.
Item catalogued by Author, then by title as Posner is such a prolific author.

Note: Richard A. Posner collection located off-shelf in Archives room. Please speak to LASA staff for assistance and retrieval.

Number of Copies