Table of contents:
Preface;
Introduction: Pragmatic Liberalism and the Plan of the Book 1;
One. Pragmatism: Philosophical versus Every day 24;
The Pragmatic Mood and the Rise of Philosophical Pragmatism Orthodox versus Recusant Pragmatism The Influence of Philosophical Pragmatism on Law Everyday Pragmatism;
Two. Legal Pragmatism Some Principles of Pragmatic Adjudication John Marshall as Pragmatist The Objections to Legal Pragmatism Recapitulated 57;
Three. John Dewey on Democracy and Law Deweyan Democracy: From Epistemic to Deliberative Dewey's Concept of Political Democracy Evaluated Dewey's Theory of Law The Theory Extended 97;
Four. Two Concepts of Democracy Concept 1 Democracy: Idealistic, Deliberative, Deweyan Concept 2 Democracy: Elite, Pragmatic, Schumpeterian American Democracy Today Democracy and Condescension Five. Democracy Defended The Two Concepts Evaluated But Is the Well Poisoned? Pragmatism and Convergence An Economic Interpretation of Concept 2 Democracy A Behavioralist Interpretation But Is Concept 2 Democracy Legitimate?
Six. The Concepts Applied The Impeachment of President Clinton The 2000 Election Deadlock Judges on Democracy Schumpeter, Antitrust, and the Law of Democracy Of Human Nature
Seven. Kelsen versus Hayek: Pragmatism, Economics, and Democracy Kelsen's Theory of Law Kelsen, Pragmatism, and Economics Kelsen Positivism Contrasted with the Positivist Theories of Hart and Easterbrook Hayek Theory of Adjudication Hayek on Kelsen; Kelsen and Schumpeter
Eight. Legality and Necessity Crisis Prevention as Pragmatic Adjudication Lawyers' Hubris Clinton v. Jones
Nine. Pragmatic Adjudication: The Case of Bush v. Gore The Case A Potential Crisis Averted A Pragmatic Donnybrook The Perils of Formalism The Democratic Legitimacy of Pragmatic Adjudication Revisited Coping with Indeterminacy
Ten. Purposes versus Consequences in First Amendment Analysis The Pragmatic Approach to Free Speech The "Purposivist" Critique of the Pragmatic Approach;
Conclusion;
Index.