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Law, Pragmatism, and Democracy
by Richard A. Posner
Harvard University Press, 2003
Paper: 978-0-674-01849-5 | eISBN: 978-0-674-04229-2 | Cloth: 978-0-674-01081-9
Library of Congress Classification KF384.P67 2003
Dewey Decimal Classification 340.11

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.

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