Law, Pragmatism, and Democracy

Law, Pragmatism, and Democracy
Author: Richard A. Posner
Publisher: Harvard University Press
Total Pages: 428
Release: 2009-07-01
Genre: Law
ISBN: 9780674042292

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.

Pragmatism and the Wide View of Democracy

Pragmatism and the Wide View of Democracy
Author: Roberto Frega
Publisher: Springer
Total Pages: 434
Release: 2019-06-22
Genre: Philosophy
ISBN: 3030185613

The aim of this book is to provide a fresh, wider, and more compelling account of democracy than the one we usually find in conventional contemporary political theory. Telling the story of democracy as a broad societal project rather than as merely a political regime, Frega delivers an account more in tune with our everyday experience and ordinary intuitions, bringing back into political theory the notion that democracy denotes first and foremost a form of society, and only secondarily a specific political regime. The theoretical shift accomplished is major. Claiming that such a view of democracy is capable of replacing the mainstream categories of justice, freedom and non-domination in their hegemonic function of all-encompassing political concepts, Frega then argues for democracy as the broader normative framework within which to rethink the meaning and forms of associated living in all spheres of personal, social, economic, and political life. Drawing on diverse traditions of American pragmatism and critical theory, as well as tackling political issues which are at the core of contemporary theoretical debates, this book invites a rethinking of political theory to one more concerned with the political circumstances of social life, rather than remaining confined in the narrowly circumscribed space of a theory of government.

Pragmatism and Democracy

Pragmatism and Democracy
Author: Dmitri N. Shalin
Publisher: Routledge
Total Pages: 643
Release: 2017-09-08
Genre: Social Science
ISBN: 1351497227

This volume examines the roots of pragmatist imagination and traces the influence of American pragmatism in diverse areas of politics, law, sociology, political science, and transitional studies. The work explores the interfaces between the Progressive movement in politics and American pragmatism. Shalin shows how early 20th century progressivism influenced pragmatism's philosophical agenda and how pragmatists helped articulate a theory of progressive reform. The work addresses pragmatism and interactionist sociology and illuminates the cross-fertilization between these two fields of studies. Special emphasis is placed on the interactionists' search for a logic of inquiry sensitive to the objective indeterminacy of the situation. The challenge that contemporary interactionist studies face is to illuminate the issues of power and inequality central to the political commitments of pragmatist philosophers. Shalin explores the vital link between democracy, civility, and affect. His central thesis is that democracy is an embodied process that binds affectively as well as rhetorically and that flourishes in places where civic discourse is an end in itself, a source of vitality and social creativity sustaining a democratic community. The author shows why civic discourse is hobbled by the civic body that has been misshapen by past abuses. Drawing on the studies of the civilizing process, Shalin speculates about the emotion, demeanor, and body language of democracy and explores from this angle the prospects for democratic transformation in countries struggling to shake their totalitarian past. View Table of Contents

The Priority of Democracy

The Priority of Democracy
Author: Jack Knight
Publisher: Princeton University Press
Total Pages: 343
Release: 2011-08-22
Genre: Political Science
ISBN: 1400840333

Why democracy is the best way of deciding how decisions should be made Pragmatism and its consequences are central issues in American politics today, yet scholars rarely examine in detail the relationship between pragmatism and politics. In The Priority of Democracy, Jack Knight and James Johnson systematically explore the subject and make a strong case for adopting a pragmatist approach to democratic politics—and for giving priority to democracy in the process of selecting and reforming political institutions. What is the primary value of democracy? When should we make decisions democratically and when should we rely on markets? And when should we accept the decisions of unelected officials, such as judges or bureaucrats? Knight and Johnson explore how a commitment to pragmatism should affect our answers to such important questions. They conclude that democracy is a good way of determining how these kinds of decisions should be made—even if what the democratic process determines is that not all decisions should be made democratically. So, for example, the democratically elected U.S. Congress may legitimately remove monetary policy from democratic decision-making by putting it under the control of the Federal Reserve. Knight and Johnson argue that pragmatism offers an original and compelling justification of democracy in terms of the unique contributions democratic institutions can make to processes of institutional choice. This focus highlights the important role that democracy plays, not in achieving consensus or commonality, but rather in addressing conflicts. Indeed, Knight and Johnson suggest that democratic politics is perhaps best seen less as a way of reaching consensus or agreement than as a way of structuring the terms of persistent disagreement.

Pragmatist Governance

Pragmatist Governance
Author: Christopher Ansell
Publisher: Oxford University Press
Total Pages: 294
Release: 2011-09-29
Genre: Philosophy
ISBN: 0199772436

The philosophy of pragmatism advances an evolutionary, learning-oriented perspective that is problem-driven, reflexive, and deliberative.

Pragmatism, Democracy, and the Necessity of Rhetoric

Pragmatism, Democracy, and the Necessity of Rhetoric
Author: Robert Danisch
Publisher: Univ of South Carolina Press
Total Pages: 220
Release: 2007
Genre: Language Arts & Disciplines
ISBN: 9781570036903

In Pragmatism, Democracy, and the Necessity of Rhetoric, Robert Danisch examines the search by America's first generation of pragmatists for a unique set of rhetorics that would serve the needs of a developing democracy. Digging deep into pragmatism's historical development, Danisch sheds light on its association with an alternative but significant and often overlooked tradition. He draws parallels between the rhetorics of such American pragmatists as John Dewey and Jane Addams and those of the ancient Greek tradition. Danisch contends that, while building upon a classical foundation, pragmatism sought to determine rhetorical responses to contemporary irresolutions. rhetoric, including pragmatism's rejection of philosophy with its traditional assumptions and practices. Grounding his argument on an

Democratic Hope

Democratic Hope
Author: Robert B. Westbrook
Publisher: Cornell University Press
Total Pages: 282
Release: 2005-09
Genre: History
ISBN: 9780801428333

"The pragmatists' response to the claim that theirs is a deeply American philosophy has been less to challenge the claim than to attempt to embrace it on their own terms. . . . One could speak of a national philosophy as one could not speak of a national chemistry or physics. But national cultures were complicated and often conflicted. Hence the relationship between a philosophy and a national culture could be at once close and fraught with tension."—from Democratic Hope Pragmatism, as Richard Rorty has said, "names the chief glory of our country's intellectual tradition." In Democratic Hope, Robert B. Westbrook examines the varieties of classical pragmatist thought in the work of John Dewey, William James, and Charles Peirce, testing in good pragmatic fashion the truth of propositions by their consequences in experience. Westbrook also attends to the recent revival of pragmatism by Rorty, Cheryl Misak, Richard Posner, Hilary Putnam, Cornel West, and others and to pragmatist strains in contemporary American political thinking. Westbrook's aims are both historical and political: to ensure that the genealogy of pragmatism is an honest one and to argue for a hopeful vision of deliberative democracy underwritten by a pragmatist epistemology and ethics.

American Pragmatism and Democratic Faith

American Pragmatism and Democratic Faith
Author: Robert J. Lacey
Publisher:
Total Pages: 304
Release: 2008
Genre: History
ISBN:

In June 1962, a group calling themselves the Students for a Democratic Society gathered at a retreat in rural Michigan to discuss and revise their founding manifesto. The result of that meeting was the famous Port Huron Statement, a document that not only reflected their disenchantment with America's elite-controlled social and political institutions but also called for the creation of a "participatory democracy" in which all citizens engage in public life and share the responsibility of political decision making. This demand for participatory democracy characterized the New Left ethos and captured the imagination of a generation of radicals and political activists from the late 1950s to the close of the 1960s. So, why did participatory democracy fail to materialize in any recognizable form? Why was it forced to retreat from mainstream public discourse into the academy? Its fate, political scientist Robert Lacey asserts, was determined in large part by its intellectual origins. The idea of participatory democracy germinated in the philosophy of Charles Sanders Peirce and William James, founders of American pragmatism, and fully blossomed in the work of John Dewey, who argued that democracy should (and could) be a "way of life" for every person. Dewey rested his democratic faith on three pragmatist tenets: truth is probabilistic and socially determined; humans are malleable and educable; and humans, endowed with free will, can act collectively for their individual and social betterment. When the realities of modern life in the mid- to late-twentieth century posed serious challenges to these tenets, the very foundation of participatory democratic thought began to crumble. Yet, willfully disregarding the rubble, C. Wright Mills, Sheldon Wolin, Benjamin Barber, and other theorists have continued to support participatory democracy as a viable political idea. Today's participatory democrats have constructed a fragile theoretical enterprise that rests on questionable assumptions inherited from the pragmatist tradition about truth, human nature, and free will. Tracing the history of a salient idea in American political thought, Lacey elucidates the assumptions underlying participatory democracy, assesses both its usefulness and coherence, and ultimately reveals it to be less a theory than a faith--a faith that has largely failed to follow through on its promise.

Knowing Democracy – A Pragmatist Account of the Epistemic Dimension in Democratic Politics

Knowing Democracy – A Pragmatist Account of the Epistemic Dimension in Democratic Politics
Author: Michael I. Räber
Publisher: Springer Nature
Total Pages: 218
Release: 2020-10-06
Genre: Philosophy
ISBN: 3030532585

How can we justify democracy’s trust in the political judgments of ordinary people? In Knowing Democracy, Michael Räber situates this question between two dominant alternative paradigms of thinking about the reflective qualities of democratic life: on the one hand, recent epistemic theories of democracy, which are based on the assumption that political participation promotes truth, and, on the other hand, theories of political judgment that are indebted to Hannah Arendt’s aesthetic conception of political judgment. By foregrounding the concept of political judgment in democracies, the book shows that a democratic theory of political judgments based on John Dewey’s pragmatism can navigate the shortcomings of both these paradigms. While epistemic theories are overly and narrowly rationalistic and Arendtian theories are overly aesthetic, the neo-Deweyan conception of political judgment proposed in this book suggests a third path that combines the rationalist and the aesthetic elements of political conduct in a way that goes beyond a merely epistemic or a merely aesthetic conception of political judgment in democracy. The justification for democracy’s trust in ordinary people’s political judgments, Räber argues, resides in an egalitarian conception of democratic inquiry that blends the epistemic and the aesthetic aspects of the making of political judgments. By offering a rigorous scholarly analysis of the epistemic and aesthetic foundations of democracy from a pragmatist perspective, Knowing Democracy contributes to the current debates in political epistemology and aesthetics and politics, both of which ask about the appropriate reflective and experiential circumstances of democratic politics. The book brings together for the first time debates on epistemic democracy, aesthetic judgment and those on pragmatist social epistemology, and establishes an original pragmatist conception of epistemic democracy.