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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 | |