Law, Pragmatism, and Democracy

A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for...
€79,42 EUR
€79,42 EUR
SKU: 9780674018495
Product Type: Books
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Author: Richard A. Posner
Format: Paperback
Language: English
Subtotal: €79,42
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Law, Pragmatism, and Democracy by Posner, Richard A.

Law, Pragmatism, and Democracy

€79,42

Law, Pragmatism, and Democracy

€79,42
Author: Richard A. Posner
Format: Paperback
Language: English

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.



Author: Richard A. Posner
Publisher: Harvard University Press
Published: 10/01/2005
Pages: 416
Binding Type: Paperback
Weight: 1.04lbs
Size: 9.18h x 6.14w x 1.12d
ISBN: 9780674018495


Review Citation(s):
New York Times 01/08/2006 pg. 24

About the Author
Posner, Richard A.: - Richard A. Posner retired as a judge of the United States Court of Appeals for the Seventh Circuit in 2017. He is a senior lecturer at the University of Chicago Law School.

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