Legal Pragmatism: Community, Rights, and Democracy

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Author: Michael Sullivan

ISBN-10: 025321906X

ISBN-13: 9780253219060

Category: United States Law - General & Miscellaneous

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In 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.

ContentsAcknowledgmentsIntroduction1. What's Right with Rights and Wrong with Communitarianism?2. Taking Rights and Pragmatism Seriously3. Posner's Unpragmatic Pragmatism4. Toward a Reconstructive Pragmatism5. Reconstructing Judicial Review6. Pragmatism, Genealogy, and DemocracyNotesSelected BibliographyIndex