Abstract
Abstract Richard Posner's Law, Pragmatism, and Democracy urges that political and legal decision makers should be guided by what he calls ?everyday pragmatism,? rather than by ?abstract? moral theory. He links his conception of pragmatic government to Sclmmpeter's unromantic view of democracy. Posner argues that judicial review should be based on a combination of pragmatism and adherence to this limited conception of democracy, rather than sticking closely to ?formalist? theories of adjudication, which demand strict adherence to traditional legal norms. However, Posner's consequentialist pragmatism fails to provide an adequate guide to judicial decision making, because it does not give us any criterion for deciding which consequences are desirable. His Schumpeterian theory of democracy, too, is problematic because it does not sufficiently consider the shortcomings exposed in recent scholarship in political science and economics.
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DOI 10.1080/08913810408443596
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References found in this work BETA

Taking Rights Seriously.Ronald Dworkin (ed.) - 1977 - Duckworth.
Law’s Empire.Ronald Dworkin - 1986 - Harvard University Press.
Democracy and Disagreement.Amy Gutmann - 1996 - Belknap Press of Harvard University Press.
Democracy and Disagreement.Amy Gutmann & Dennis Thompson - 1996 - Ethics 108 (3):607-610.
Taking Rights Seriously.Ronald Dworkin - 1979 - Ethics 90 (1):121-130.

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Citations of this work BETA

Deliberative Democracy and Political Ignorance.Ilya Somin - 2010 - Critical Review: A Journal of Politics and Society 22 (2-3):253-279.
Does Public Ignorance Defeat Deliberative Democracy?Robert B. Talisse - 2004 - Critical Review: A Journal of Politics and Society 16 (4):455-463.
Foot Voting, Political Ignorance, and Constitutional Design.Ilya Somin - 2011 - Social Philosophy and Policy 28 (1):202-227.
Law, Pragmatism, and Democracy: Reply to Somin.Richard A. Posner - 2004 - Critical Review: A Journal of Politics and Society 16 (4):465-471.
Ignorance as a Starting Point: From Modest Epistemology to Realistic Political Theory.Jeffrey Friedman - 2007 - Critical Review: A Journal of Politics and Society 19 (1):1-22.

View all 9 citations / Add more citations

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