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Law, Pragmatism, and Democracy

Richard A. Posner




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 | #661576 in Books |  Harvard University Press |  2005-10-31 |  2005-09-26 | Original language:English | PDF # 1 |  9.25 x1.06 x6.13l,1.04 | File type: PDF | 416 pages

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||48 of 55 people found the following review helpful.| Another brain-stunner from Judge Posner!!|By Kevin Currie-Knight|This book is about the 'pragmatic' concept of democracy and the law in it; aobut 3/4 of the book is spent on the former, 1/4, the latter subject. Posner believes that 'democracy' has been misconstrued by many academics (my, how he scorns academics) and many left liberals, to whom 'democracy' means that everyone| |Judge Posner offers a vigorous and extended contemporary elaboration of Churchill's aphorism that democracy is the worst form of government except for all the others. He surveys much recent literature on the subject, and as might be expected, he does not favor

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...

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