Law, Pragmatism and Democracy
By (author) Richard A. Posner
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Law, Pragmatism and Democracy by Richard A. Posner
Book DescriptionA 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 emphasises the institutional and material, rather than moral and deliberative, factors in democratic decision making. 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.
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Book DetailsISBN: 9780674018495
(235mm x 155mm x 27mm)
Imprint: Harvard University Press
Publisher: Harvard University Press
Publish Date: 1-Nov-2005
Country of Publication: United States
Books By Author Richard A. Posner
Divergent Paths, Hardback (January 2016)
Judges and legal scholars talk past one another, if they have any conversation at all. Academics criticize judicial decisions in theoretical terms, which leads many judges to dismiss academic discourse as divorced from reality. Richard Posner reflects on the causes and consequences of this widening gap and what can be done to close it.
Reflections on Judging, Hardback (October 2013)
Presents the main obstacles to coping with the dizzying pace of technological advance. The author calls for legal realism - gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.
Behavior of Federal Judges, Hardback (January 2013)
Federal judges are not just robots or politicians in robes, yet their behavior is not well understood, even among themselves. Using statistical methods, a political scientist, an economist, and a judge construct a unified theory of judicial decision-making to dispel the mystery of how decisions from district courts to the Supreme Court are made.
Henry Friendly, Greatest Judge of His Era, Hardback (March 2012)» View all books by Richard A. Posner
Henry Friendly is frequently grouped with Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and Learned Hand as the best American jurists of the twentieth century. In this first, comprehensive biography of Friendly, Dorsen opens a unique window onto how a judge of this caliber thinks and decides cases, and how Friendly lived his life.
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Author Biography - Richard A. Posner
Richard A. Posner is Circuit Judge, the United States Court of Appeals for the Seventh Circuit, and a senior lecturer at the University of Chicago Law School. He is the author of Public Intellectuals and Frontiers of Legal Theory (both from Harvard).
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