Law Pragmatism And Democracy
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Law Pragmatism And Democracy
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Author : Richard A. Posner
language : en
Publisher: Harvard University Press
Release Date : 2005-10-31
Law Pragmatism And Democracy written by Richard A. Posner and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-10-31 with Law categories.
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
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Author : Richard A. Posner
language : en
Publisher: Harvard University Press
Release Date : 2009-07-01
Law Pragmatism And Democracy written by Richard A. Posner and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-01 with Law categories.
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
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Author : Richard Allen Posner
language : en
Publisher:
Release Date : 2005
Law Pragmatism written by Richard Allen Posner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Democracy categories.
Law Pragmatism And Democracy
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Author : Richard A. Posner
language : en
Publisher:
Release Date : 2005-10-01
Law Pragmatism And Democracy written by Richard A. Posner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-10-01 with Law categories.
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.
Legal Pragmatism
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Author : Michael Sullivan
language : en
Publisher: Indiana University Press
Release Date : 2007-06-14
Legal Pragmatism written by Michael Sullivan and has been published by Indiana University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-06-14 with Philosophy categories.
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
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Author : Dmitri N. Shalin
language : en
Publisher: Routledge
Release Date : 2017-09-08
Pragmatism And Democracy written by Dmitri N. Shalin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-08 with Social Science categories.
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
Democracy Law And Governance
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Author : Professor Jacques Lenoble
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2013-02-28
Democracy Law And Governance written by Professor Jacques Lenoble and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-28 with Law categories.
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.
The Priority Of Democracy
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Author : Jack Knight
language : en
Publisher: Princeton University Press
Release Date : 2011-08-22
The Priority Of Democracy written by Jack Knight and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08-22 with Political Science categories.
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.
Pragmatism Law And Language
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Author : Graham Hubbs
language : en
Publisher: Routledge
Release Date : 2013-11-12
Pragmatism Law And Language written by Graham Hubbs and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-12 with Philosophy categories.
This volume puts leading pragmatists in the philosophy of language, including Robert Brandom, in contact with scholars concerned with what pragmatism has come to mean for the law. Each contribution uses the resources of pragmatism to tackle fundamental problems in the philosophy of language, the philosophy of law, and social and political philosophy. In many chapters, the version of pragmatism deployed proves a fruitful approach to its subject matter; in others, shortcomings of the specific brand of pragmatism are revealed. The result is a clearer understanding of what pragmatism has meant and can mean across these tightly related philosophical areas. The book, then, is itself pragmatism in action: it seeks to clarify its unifying concept by examining the practices that centrally involve it.
Democracy Law And Governance
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Author : Jacques Lenoble
language : en
Publisher: Routledge
Release Date : 2016-05-13
Democracy Law And Governance written by Jacques Lenoble and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-13 with Law categories.
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.