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