Law, Pragmatism, and Democracy

Law, Pragmatism, and Democracy PDF Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674042292
Category : Law
Languages : en
Pages : 428

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Book Description
A liberal state is a representative democracy constrained by the rule of law. 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. The great 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 enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.

Law, Pragmatism, and Democracy

Law, Pragmatism, and Democracy PDF Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674042292
Category : Law
Languages : en
Pages : 428

Get Book

Book Description
A liberal state is a representative democracy constrained by the rule of law. 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. The great 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 enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.

Law, Pragmatism, and Democracy

Law, Pragmatism, and Democracy PDF Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 0674042298
Category : Law
Languages : en
Pages : 416

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Book Description
A liberal state is a representative democracy constrained by the rule of law. 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. The great 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 enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.

Legal Pragmatism

Legal Pragmatism PDF Author: Michael Sullivan
Publisher: Indiana University Press
ISBN: 0253116988
Category : Philosophy
Languages : en
Pages : 178

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Book Description
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

Pragmatism and Democracy PDF Author: Dmitri N. Shalin
Publisher: Routledge
ISBN: 1351497227
Category : Social Science
Languages : en
Pages : 412

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Book Description
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

Does Truth Matter?

Does Truth Matter? PDF Author: Ronald Tinnevelt
Publisher: Springer Science & Business Media
ISBN: 1402088493
Category : Philosophy
Languages : en
Pages : 195

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Book Description
The claim once made by philosophers of unique knowledge of the essence of humanity and society has fallen into disrepute. Neither Platonic forms, divine revelation nor metaphysical truth can serve as the ground for legitimating social and political norms. On the political level many seem to agree that democracy doesn’t need foundations. Nor are its citizens expected to discuss the worth of their comprehensive conceptions of the good life. According to Rawls, for example, we have to accept that “politics in a democratic society can never be guided by what we see as the whole truth (...)”. (1993: 243) And yet we still call upon truth when we participate in defining the basic structure our society and argue why our opinions, beliefs and preferences need to be taken seriously. We do not think that our views need to be taken into account by others because they are our views, but because we think they are true. If in a democratic society citizens have to deal with the challenge of affirming their claims as true, we need to analyse the precise relationship between truth and democracy. Does truth matter to democracy and if so, what is the place of truth in democratic politics? How can citizens affirm the truth of their claims and accept - at the same time - that their truth is just one amongst many? Our book centers on the role of the public sphere in these pressing questions. It tries to give a comprehensive answer to these questions from the perspective of the main approaches of contemporary democratic theory: deliberative democracy, political pragmatism and liberalism. A confrontation of these approaches, will result in a more encompassing philosophical understanding of our plural democracy, which – in this era of globalization – is more complex than ever before. Because a good understanding of the function, meaning and shortcomings of the public sphere is essential to answering these questions, a good deal of the book addresses these issues. Historically, after all, the idea that citizens have to engage each other in discussion in order to determine the structure and goals of society, is connected to the rational ideal of a public sphere where conflicting views can be expressed, formed, and transformed. But hasn’t the collective decision making in which everyone participates on an equal footing turned out to be a deceptive ideal or a simple illusion? Not every individual in society has equal access to the podium. Furthermore, power, being an inevitable feature of the public sphere, seems to permanently endanger its democratic value. Moreover, the existence of this sphere depends on a specific ethos and particular public spaces where citizens are called upon to present themselves as citizens, as people taking responsibility for their society. It is not clear whether this ethos and these spaces exist at all, and if so, if they preserved their ascribed capacity for constituting ‘democratic’ truth? By answering these questions we expect to deepen our understanding of the relation between truth and democracy.

Renascent Pragmatism

Renascent Pragmatism PDF Author: Alfonso Morales
Publisher: Taylor & Francis
ISBN: 1351904310
Category : Law
Languages : en
Pages : 279

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Book Description
Pragmatism is experiencing a resurgence in law, philosophy and social science, with pragmatists seeking a consistent, comprehensive and productive understanding of social life. In its four sections Renascent Pragmatism aids the reinvigoration of pragmatism as an important intellectual tradition and contributor to inquiry and change in social life. The book is a first of its kind for combining essays on theory, method, public policy and empirical scholarship, presenting contributions from philosophers, legal scholars and social scientists. Throughout the book, the concrete linkage between policy, theory and method is emphasized, while recognizing the philosophical tradition in which the inquiries and prescriptions rest.

Democracy, Law and Governance

Democracy, Law and Governance PDF Author: Jacques Lenoble
Publisher: Routledge
ISBN: 1317153030
Category : Law
Languages : en
Pages : 308

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Book Description
Democracy, Law and Governance details the transformation of the modes of governance of contemporary developed democracies and aims to define the conditions required for promoting public interest in their public policy. Firstly, the volume illustrates why a sound theoretical approach to the concept of law results in opening up the theory of law to the debate on governance in the social sciences. Secondly, it reconstructs the underpinnings of recent debate on governance, focusing on the pragmatist turn that has marked efforts to overcome the inadequacies of both the economic and the deliberative approaches. In fulfilling this second goal, it examines the advances yielded by the pragmatist turn as well as its limitations, and concludes by proposing a theoretical approach for dealing with them. This illuminating book applies recent research in both theory of law and theory of governance to deepen the analytic impact of the recent pragmatist revival.

Democratic Experimentalism

Democratic Experimentalism PDF Author: Brian E. Butler
Publisher: Rodopi
ISBN: 940120926X
Category : Philosophy
Languages : en
Pages : 321

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Book Description
This volume focuses on democratic experimentalism, gathering a collection of original and previously unpublished essays focusing upon its major outlines, as well as specific aspects ¿ both promising and troublesome - of this theoretical approach. Together these essays offer conceptions of democracy and democratic governance that emphasize and highlight experimentalist aspects of pragmatic thought, particularly Deweyan pragmatism, and its relationship to instantiation in concrete social and political institutions. Issues of democratic governance, political organization and the relationship of law to democracy are analyzed.

The Crisis of Democratic Theory

The Crisis of Democratic Theory PDF Author: Edward A. PurcellJr.
Publisher: University Press of Kentucky
ISBN: 0813146046
Category : Political Science
Languages : en
Pages : 344

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Book Description
Widely acclaimed for its originality and penetration, this award-winning study of American thought in the twentieth century examines the ways in which the spread of pragmatism and scientific naturalism affected developments in philosophy, social science, and law, and traces the effects of these developments on traditional assumptions of democratic theory.

The Priority of Democracy

The Priority of Democracy PDF Author: Jack Knight
Publisher:
ISBN: 9780691163338
Category : Political Science
Languages : en
Pages : 348

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Book Description
Why democracy is the best way of deciding how decisions should be made 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.