Legal Pragmatism: Community, Rights, and DemocracyIn Legal Pragmatism, Michael Sullivan looks closely at the place of the individual and community in democratic society. After mapping out a brief history of American legal thinking regarding rights, from communitarianism to liberalism, Sullivan gives a rich and nuanced account of how pragmatism worked to resolve conflicts of self-interest and community well-being. Sullivan's view of pragmatism provides a comprehensive framework for understanding democracy, as well as issues such as health care, education, gay marriage, and illegal immigration that will determine its character in the future. Legal Pragmatism is a bold, carefully argued book that presents a unique understanding of contemporary society, law, and politics. |
Contents
introduction | 1 |
Whats Right with Rights and Wrong with Communitarianism? | 6 |
Taking Rights and Pragmatism Seriously | 32 |
Posners Unpragmatic Pragmatism | 48 |
Toward a Reconstructive Pragmatism | 79 |
Reconstructing Judicial Review | 98 |
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Common terms and phrases
abnormal politics account of pragmatism Ackerman action American democratic subjectivity argues best future better Bickel Brandeis Bruce Ackerman Cambridge claim commitment communitarian conception concern Constitution context counter-majoritarian difficulty critical critique debate Dewey's Deweyan discourse discussion ends Essays Experience and Nature fact Fourth Amendment freedom Glendon goals Harvard University Harvard University Press human Ibid ideals individual rights inquiry insists institutions intelligence interest Jo Ann Boydston John Dewey judicial restraint judicial review jurisprudence Justice Law's Empire Legal Pragmatism liberal liberty literature majoritarian difficulty means method moral participation past decisions Peirce philosophy of law practice prag pragmatic judge Pragmatism and Democracy pragmatist precedent present majorities principle problems protect question recognize reconstruction rejects requires response Richard Posner Richard Rorty rights talk Ronald Dworkin simply social society speech Stanley Fish Stuhr Supreme Court tion tism understand values vision Yale