Law Pragmatism And Democracy

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Law Pragmatism And Democracy

Author : Richard A. Posner
ISBN : 0674042298
Genre : Law
File Size : 40.48 MB
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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.
Category: Law

Legal Pragmatism

Author : Michael Sullivan
ISBN : 9780253116987
Genre : Philosophy
File Size : 31.16 MB
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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.
Category: Philosophy

Pragmatism And Democracy

Author : Dmitri N. Shalin
ISBN : 9781412844222
Genre : Social Science
File Size : 90.21 MB
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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
Category: Social Science

Pragmatism Democracy And The Necessity Of Rhetoric

Author : Robert Danisch
ISBN : 157003690X
Genre : Language Arts & Disciplines
File Size : 20.17 MB
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In Pragmatism, Democracy, and the Necessity of Rhetoric, Robert Danisch examines the search by America's first generation of pragmatists for a unique set of rhetorics that would serve the needs of a developing democracy. Digging deep into pragmatism's historical development, Danisch sheds light on its association with an alternative but significant and often overlooked tradition. He draws parallels between the rhetorics of such American pragmatists as John Dewey and Jane Addams and those of the ancient Greek tradition. Danisch contends that, while building upon a classical foundation, pragmatism sought to determine rhetorical responses to contemporary irresolutions. rhetoric, including pragmatism's rejection of philosophy with its traditional assumptions and practices. Grounding his argument on an
Category: Language Arts & Disciplines

Pragmatism Law And Language

Author : Graham Hubbs
ISBN : 9781135086039
Genre : Philosophy
File Size : 38.42 MB
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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.
Category: Philosophy

Democratic Reason

Author : Hélène Landemore
ISBN : 9781400845538
Genre : Political Science
File Size : 60.96 MB
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Individual decision making can often be wrong due to misinformation, impulses, or biases. Collective decision making, on the other hand, can be surprisingly accurate. In Democratic Reason, Hélène Landemore demonstrates that the very factors behind the superiority of collective decision making add up to a strong case for democracy. She shows that the processes and procedures of democratic decision making form a cognitive system that ensures that decisions taken by the many are more likely to be right than decisions taken by the few. Democracy as a form of government is therefore valuable not only because it is legitimate and just, but also because it is smart. Landemore considers how the argument plays out with respect to two main mechanisms of democratic politics: inclusive deliberation and majority rule. In deliberative settings, the truth-tracking properties of deliberation are enhanced more by inclusiveness than by individual competence. Landemore explores this idea in the contexts of representative democracy and the selection of representatives. She also discusses several models for the "wisdom of crowds" channeled by majority rule, examining the trade-offs between inclusiveness and individual competence in voting. When inclusive deliberation and majority rule are combined, they beat less inclusive methods, in which one person or a small group decide. Democratic Reason thus establishes the superiority of democracy as a way of making decisions for the common good.
Category: Political Science

Democratic Hope

Author : Robert B. Westbrook
ISBN : 0801428335
Genre : History
File Size : 40.83 MB
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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.
Category: History

William James Pragmatism And American Culture

Author : Deborah Whitehead
ISBN : 9780253018243
Genre : Philosophy
File Size : 70.39 MB
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William James, Pragmatism, and American Culture focuses on the work of William James and the relationship between the development of pragmatism and its historical, cultural, and political roots in 19th-century America. Deborah Whitehead reads pragmatism through the intersecting themes of narrative, gender, nation, politics, and religion. As she considers how pragmatism helps to explain the United States to itself, Whitehead articulates a contemporary pragmatism and shows how it has become a powerful and influential discourse in American intellectual and popular culture.
Category: Philosophy

The Shadow Of Unfairness

Author : Jeffrey Edward Green
ISBN : 9780190215910
Genre : Political Science
File Size : 80.52 MB
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In this sequel to his prize-winning book, The Eyes of the People, Jeffrey Edward Green draws on philosophy, history, social science, and literature to ask what democracy can mean in a world where it is understood that socioeconomic status to some degree will always determine opportunities for civic engagement and career advancement. Under this shadow of unfairness, Green argues that the most advantaged class are rightly subjected to compulsory public burdens. And just as provocatively, he urges ordinary citizens living in polities permanently darkened by plutocracy to acknowledge their second-class status and the uncomfortable civic ethics that come with it -- specifically an ethics whereby the pursuit of egalitarianism is informed, at least in part, by indignation, envy, uncivil modes of discourse, and even the occasional suspension of political care. Deeply engaged in the history of political thought, The Shadow of Unfairness is still first and foremost an effort to illuminate present-day politics. With the plebeians of ancient Rome as his muse, Green develops a plebeian conception of contemporary liberal democracy, at once disenchanted yet idealistic in its insistence that the Few-Many distinction might be enlisted for progressive purpose. Green's analysis is likely to unsettle all sides of the political spectrum, but its focus looks beyond narrow partisan concerns and aims instead to understand what the ongoing quest for free and equal citizenship might require once it is accepted that our political and educational systems will always be tainted by socioeconomic inequality.
Category: Political Science

Engines Of Democracy

Author : Alan Rosenthal
ISBN : 9781483304540
Genre : Political Science
File Size : 41.78 MB
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State legislators have often been in the shadow of their national counterparts, but they drive the processes of democracy. Rosenthal brings together a lifetime of research and experience on state legislative politics into one eminently readable volume—a dynamic, inside view of the people involved, the politics that prevail, and the interest groups and lobbyists who advocate their causes. Building on earlier work with new data and recent interviews and observations, Rosenthal looks at the way representation works, Americans’ critical view of their legislatures, the role of legislative leaders, the dynamics of executive-legislative relationships, as well as norms and ethics. Both a complement and contrast to the policymaking process on Capitol Hill, Engines of Democracy proves that no one gives insight into state legislators and their work the way Alan Rosenthal can.
Category: Political Science

The Revival Of Pragmatism

Author : Morris Dickstein
ISBN : 0822322455
Genre : Law
File Size : 33.70 MB
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DIVAn assessment, by a distinguished panel of experts, on the impact of pragmatism on contemporary thought./div
Category: Law

Cosmic Constitutional Theory

Author : J. Harvie Wilkinson III
ISBN : 9780199930074
Genre : Law
File Size : 34.63 MB
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American constitutional law has undergone a transformation. Issues once left to the people have increasingly become the province of the courts. Subjects as diverse as abortion rights and firearms regulations, health care reform and counterterrorism efforts, not to mention a millennial presidential election, are more and more the domain of judges. What sparked this development? In this engaging volume, Judge J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance. Thinkers as diverse as Justices William Brennan and Antonin Scalia, Professor John Hart Ely, Judges Robert Bork and Richard Posner, have all produced seminal interpretations of our Founding document, but ones that promise to imbue courts with unprecedented powers. While crediting the theorists for the sparkling quality of their thoughts, Judge Wilkinson argues they will slowly erode the role of representative institutions in America and leave our children bereft of democratic liberty. The loser in all the theoretical fireworks is the old and honorable tradition of judicial restraint. The judicial modesty once practiced by Learned Hand, John Harlan, and Oliver Wendell Holmes has given way to competing schools of liberal and conservative activism seeking sanctuary in Living Constitutionalism, Originalism, Process Theory, or the supposedly anti-theoretical creed of Pragmatism. Each of these seemingly disparate theories promises their followers an intellectually respectable route to congenial political outcomes from the bench. Judge Wilkinson calls for a plainer, simpler, self-disciplined commitment to judicial restraint and democratic governance, a course that alas may be impossible so long as the cosmic constitutionalists so dominate contemporary legal thought.
Category: Law

The Foundations Of Deliberative Democracy

Author : Jürg Steiner
ISBN : 9781139536585
Genre : Political Science
File Size : 22.87 MB
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Deliberative democracy is now an influential approach to the study of democracy and political behaviour. Its key proposition is that, in politics, it is not only power that counts, but good discussions and arguments too. This book examines the interplay between the normative and empirical aspects of the deliberative model of democracy. Jürg Steiner presents the main normative controversies in the literature on deliberation, including self-interest, civility and truthfulness. He then summarizes the empirical literature on deliberation and proposes methods by which the level of deliberation can be measured rather than just assumed. Steiner's empirical research is based in the work of various research groups, including experiments with ordinary citizens in the deeply divided societies of Colombia, Bosnia-Herzegovina and Belgium, as well as Finland and the European Union. Steiner draws normative implications from a combination of both normative controversies and empirical findings.
Category: Political Science

The Undiscovered Dewey

Author : Melvin L. Rogers
ISBN : 9780231144872
Genre : Philosophy
File Size : 60.38 MB
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Examines how Charles Darwin's theories on evolution profoundly impacted John Dewey's beliefs on inquiry, contingency, and uncertainty, and analyses how the resulting arguments have created philosophical shortcomings regarding the human experience.
Category: Philosophy

Democratic Experimentalism

Author : Brian E. Butler
ISBN : 9789401209267
Genre : Philosophy
File Size : 71.88 MB
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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.
Category: Philosophy

Federalism And Subsidiarity

Author : James E. Fleming
ISBN : 9781479875559
Genre : Law
File Size : 87.34 MB
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In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to “remap” federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations.
Category: Law


Author : George C. Christie
ISBN : STANFORD:36105064205672
Genre : Law
File Size : 37.10 MB
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This book is designed for use in courses in law schools and university departments of philosophy. It can serve as a text for basic and advanced courses and seminars. Readings include excerpts of classic works of Aristotle, Aquinas, Locke, Hobbes, Kant, Bentham, and Austin. Provided also are excerpts from standard works of 20th-century philosophers. The book explores contemporary legal discourse with readings on topics such as sociobiology, Islamic law, the legal process school, legal feminism, and critical legal studies. It reprints leading cases on natural rights/human rights and readings from online blogs, op-ed essays, news stories, and Internet publications.
Category: Law

Judging Statutes

Author : Robert A. Katzmann
ISBN : 9780199362158
Genre : Law
File Size : 25.50 MB
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In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
Category: Law

The Essential Dewey Pragmatism Education Democracy

Author : John Dewey
ISBN : 0253211840
Genre : Philosophy
File Size : 46.60 MB
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Based on the award-winning 37-volume critical edition of Dewey's work, The Essential Dewey presents for the first time a collection of Dewey's writings that is both manageable and comprehensive.
Category: Philosophy

Habermas On Law And Democracy

Author : Dorothy Hart Hirshon Professor of Political and Social Theory Andrew Arato
ISBN : 0520204662
Genre : Law
File Size : 83.65 MB
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A collection of provocative, in-depth debates between Jurgen Habermas and a wide range of his critics relating to the philosopher's contribution to legal and democratic theory as published in his book BETWEEN FACTS AND NORMS. Essential reading for philosophers, legal scholars, and political and social theorists concerned with understanding the work of one of the leading philosophers of our age.
Category: Law