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http://ssrn.com/abstract=804545
 
 

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The Business of Democracy is Democracy


Arthur J. Jacobson


Cardozo Law School

John P. McCormick


University of Chicago


International Journal of Constitutional Law, Vol. 3, p. 706, 2005
Cardozo Legal Studies Research Paper No. 135
U Chicago Law & Economics, Olin Working Paper No. 261
U of Chicago, Public Law Working Paper No. 106

Abstract:     
In "Law, Pragmatism, and Democracy" (Harvard University Press, 2004), Richard Posner champions the work of the Austrian economist, Joseph Schumpeter, who distilled the democratic process down to the election of political officials from among a group of competing elites by the general population. He links this "pragmatic" account of democracy to a broader program of pragmatic adjudication and liberalism. This review critically assesses the empirical and normative grounds of Posner's argument, and accuses him of neglecting the pivotal role of politics, in both his democratic theory and his understanding of pragmatism.

Number of Pages in PDF File: 28

Keywords: democracy, posner, schumpeter, political theory

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Date posted: September 20, 2005  

Suggested Citation

Jacobson, Arthur J. and McCormick, John P., The Business of Democracy is Democracy. International Journal of Constitutional Law, Vol. 3, p. 706, 2005; Cardozo Legal Studies Research Paper No. 135; U Chicago Law & Economics, Olin Working Paper No. 261; U of Chicago, Public Law Working Paper No. 106. Available at SSRN: http://ssrn.com/abstract=804545

Contact Information

Arthur J. Jacobson (Contact Author)
Cardozo Law School ( email )
55 Fifth Ave.
New York, NY 10003
United States
212-790-0218 (Phone)
212-790-0205 (Fax)
John P. McCormick
University of Chicago ( email )
1101 East 58th Street
Chicago, IL 60637
United States
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