Legal Pragmatics

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Legal Pragmatics

Author : Dennis Kurzon
Publisher : John Benjamins Publishing Company
ISBN 13 : 9027264074
Total Pages : 288 pages
Book Rating : 4.0/5 (272 download)

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Book Synopsis Legal Pragmatics by : Dennis Kurzon

Download or read book Legal Pragmatics written by Dennis Kurzon and published by John Benjamins Publishing Company. This book was released on 2018-04-15 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume Legal Pragmatics is a contribution to the interface between language and law. It looks at how the principles of language use can be beneficial to clarifying legal issues, its twelve chapters (together with the Introduction) offering a wide spectrum of the latest approaches to the area of legal pragmatics. The four chapters in the first section are devoted to historical pragmatics and take a diachronic look at old courtroom records. Written legal language is also the focus of the four chapters in the next section, dealing with the pragmatics of modern legal writing. The chapters in the third section, devoted to modern legal language, touch upon both the discourse in the courtroom and in police investigation. Finally, the two chapters in the last section on legal discourse and multilingualism address a topic very relevant to the modern era of globalisation -- the position of legal discourse in multilingual contexts.

Pragmatics and Law

Author : Francesca Poggi
Publisher : Springer
ISBN 13 : 3319446010
Total Pages : 480 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis Pragmatics and Law by : Francesca Poggi

Download or read book Pragmatics and Law written by Francesca Poggi and published by Springer. This book was released on 2016-12-01 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the second part of a project which hosts an interdisciplinary discussion about the relationship among law and language, legal practice and ordinary conversation, legal philosophy and the linguistics sciences. An international group of authors, from cognitive science, philosophy of language and philosophy of law question about how legal theory and pragmatics can enrich each other. In particular, the first part is devoted to the analysis of how pragmatics can solve problems related to legal theory: What can pragmatics teach about the concept of law and its relationship with moral, and, in particular, about the eternal dispute between legal positivism and legal naturalism? What can pragmatics teach about the concept of law and/or legal disagreements? The second part is focused on legal adjudication: it aims to construct a pragmatic apparatus appropriate to legal trial and/or to test the tenure of the traditional pragmatics tools in the field. The authors face questions such as: Which interesting pragmatic features emerge from legal adjudication? What pragmatic theories are better suited to account for the practice of judgment or its particular aspects (such as the testimony or the binding force of legal precedents)? Which pragmatic and socio-linguistic problems are highlighted by this practice?

The Pragmatic Turn in Law

Author : Janet Giltrow
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 1501504681
Total Pages : 359 pages
Book Rating : 4.5/5 (15 download)

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Book Synopsis The Pragmatic Turn in Law by : Janet Giltrow

Download or read book The Pragmatic Turn in Law written by Janet Giltrow and published by Walter de Gruyter GmbH & Co KG. This book was released on 2017-06-12 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: In legal interpretation, where does meaning come from? Law is made from language, yet law, unlike other language-related disciplines, has not so far experienced its "pragmatic turn" towards inference and the construction of meaning. This book investigates to what extent a pragmatically based view of l linguistic and legal interpretation can lead to new theoretical views for law and, in addition, to practical consequences in legal decision-making. With its traditional emphasis on the letter of the law and the immutable stability of a text as legal foundation, law has been slow to take the pragmatic perspective: namely, the language-user 's experience and activity in making meaning. More accustomed to literal than to pragmatic notions of meaning, that is, in the text rather than constructed by speakers and hearers the disciplines of law may be culturally resistant to the pragmatic turn. By bringing together the different but complementary perspectives of pragmaticians and lawyers, this book addresses the issue of to what extent legal meaning can be productively analysed as deriving from resources beyond the text, beyond the letter of the law. This collection re-visits the feasibility of the notion of literal meaning for legal interpretation and, at the same time, the feasibility of pragmatic meaning for law. Can explications of pragmatic meaning support court actions in the same way concepts of literal meaning have traditionally supported statutory interpretations and court judgements? What are the consequences of a user-based view of language for the law, in both its practices of interpretation and its definition of itself as a field? Readers will find in this collection means of approaching such questions, and promising routes for inquiry into the genre- and field-specific characteristics of inference in law. In many respects, the problem of literal vs. pragmatic meaning confined to the text vs. reaching beyond it will appear to parallel the dichotomy in law between textualism and intentionalism. There are indeed illuminating connections between the pair of linguistic terms and the more publicly controversial legal ones. But the parallel is not exact, and the linguistic dichotomy is in any case anterior to the legal one. Even as linguistic-pragmatic investigation may serve legal domains, the legal questions themselves point back to central conditions of all linguistic meaning.

Pragmatics and Law

Author : Alessandro Capone
Publisher : Springer
ISBN 13 : 3319303856
Total Pages : 278 pages
Book Rating : 4.3/5 (193 download)

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Book Synopsis Pragmatics and Law by : Alessandro Capone

Download or read book Pragmatics and Law written by Alessandro Capone and published by Springer. This book was released on 2016-05-02 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume highlights important aspects of the complex relationship between common language and legal practice. It hosts an interdisciplinary discussion between cognitive science, philosophy of language and philosophy of law, in which an international group of authors aims to promote, enrich and refine this new debate. Philosophers of law have always shown a keen interest in cognitive science and philosophy of language in order to find tools to solve their problems: recently this interest was reciprocated and scholars from cognitive science and philosophy of language now look to the law as a testing ground for their theses. Using the most sophisticated tools available to pragmatics, sociolinguistics, cognitive sciences and legal theory, an interdisciplinary, international group of authors address questions like: Does legal interpretation differ from ordinary understanding? Is the common pragmatic apparatus appropriate to legal practice? What can pragmatics teach about the concept of law and pervasive legal phenomena such as testimony or legal disagreements?

A Pragmatic Analysis of Legal Proofs of Criminal Intent

Author : Sol Azuelos-Atias
Publisher : John Benjamins Publishing
ISBN 13 : 9027292159
Total Pages : 193 pages
Book Rating : 4.0/5 (272 download)

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Book Synopsis A Pragmatic Analysis of Legal Proofs of Criminal Intent by : Sol Azuelos-Atias

Download or read book A Pragmatic Analysis of Legal Proofs of Criminal Intent written by Sol Azuelos-Atias and published by John Benjamins Publishing. This book was released on 2007-07-26 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Pragmatic Analysis of Legal Proofs of Criminal Intent is a detailed investigation of proofs of criminal intent in Israeli courtrooms. The book analyses linguistic, pragmatic, interpretative and argumentative strategies used by Israeli lawyers and judges in order to examine the defendant’s intention. There can be no doubt that this subject is worthy of a thorough investigation. A person’s intention is a psychological phenomenon and therefore, unless the defendant chooses to confess his intent, it cannot be proven directly – either by evidence or by witnesses’ testimonies. The defendant’s intention must be inferred usually from the overall circumstances of the case; verbal and situational contexts, cultural and ideological assumptions and implicatures should be taken into account. The linguistic analysis of these inferences presented here is necessarily comprehensive: it requires consideration of a variety of theoretical frameworks including speech act theory, discourse analysis, argumentation theory, polyphony theory and text linguistics.

The Spatial, the Legal and the Pragmatics of World-Making

Author : David Delaney
Publisher : Routledge
ISBN 13 : 1136953027
Total Pages : 218 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis The Spatial, the Legal and the Pragmatics of World-Making by : David Delaney

Download or read book The Spatial, the Legal and the Pragmatics of World-Making written by David Delaney and published by Routledge. This book was released on 2010-07-12 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critical legal geography is practised by an increasing number of scholars in various disciplines, but it has not had the benefit of an overarching theoretical framework that might overcome its currently rather ad hoc character. The Spatial, the Legal and the Pragmatics of World-Making remedies this situation. Presenting a balanced convergence of contemporary socio-legal and critical geographic scholarship, David Delaney offers a ground-breaking contribution to the fast growing field of legal geography. Drawing on strands of critical social studies that inform both of these areas, this book has three primary components. First, it introduces a framework of interpretation and analysis centred on the productive neologisms ‘nomosphere’ and ‘nomoscapes’. Nomosphere refers to the cultural-material environs that are constituted by the reciprocal materialization of ‘the legal’ and the legal signification of the ‘socio-spatial'. Nomoscapes are the spatio-legal expression and the socio-material realization of ideologies, values, pervasive power orders and social projects. They are extensive ensembles of legal spaces within and through which lives are lived and, here, these neologisms are related to the more familiar notions of governmentality and performativity. Second, these neologisms are explored and applied through a series of illustrations and extensive case studies. Demonstrating their utility for scholars and students in relevant disciplines, these ‘empirical’ studies concern: the public and the private; property and land tenure; governance; the domestic and the international; and legal-spatial confinements and containments. Third, these studies contribute to an ongoing theorization of the experiential, situated pragmatics of ‘world-making'. The role of nomospheric projects and counter-projects, techniques and operations is therefore emphasized. Much of what is experientially significant about how the world is as it is and what it’s like to be in the world directly implicates the dynamic interplay of space, law, meaning and power. The Spatial, the Legal and the Pragmatics of World-Making provides the interpretive resources necessary for discerning and understanding the practices and projects involved in this interplay.

Pragmatics

Author : Stephen C. Levinson
Publisher : Cambridge University Press
ISBN 13 : 9780521294140
Total Pages : 442 pages
Book Rating : 4.2/5 (941 download)

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Book Synopsis Pragmatics by : Stephen C. Levinson

Download or read book Pragmatics written by Stephen C. Levinson and published by Cambridge University Press. This book was released on 1983-06-09 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: An integrative and lucid analysis of central topics in the field of linguistic pragmatics deixis, implicature, presupposition, speed acts, and conversational structure.

Interdisciplinary Studies in Pragmatics, Culture and Society

Author : Alessandro Capone
Publisher : Springer
ISBN 13 : 3319126164
Total Pages : 980 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Interdisciplinary Studies in Pragmatics, Culture and Society by : Alessandro Capone

Download or read book Interdisciplinary Studies in Pragmatics, Culture and Society written by Alessandro Capone and published by Springer. This book was released on 2015-07-31 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is part of the series ‘Pragmatics, Philosophy and Psychology’, edited for Springer by Alessandro Capone. It is intended for an audience of undergraduate and graduate students, as well as postgraduate and advanced researchers. This volume focuses on societal pragmatics. One of the main concerns of societal pragmatics is the world of language users. We are interested in the investigation of linguistic practices in the context of societal practices (‘praxis’, to use a term used in the Wittgensteinian and other traditions). It is clear that the world of users, including their practices, their culture, and their social aims has to be taken into account and seriously investigated when we deal with the pragmatics of language. It is not enough to discuss principles of language use solely in the guise of abstract theoretical tools. Consequently, the present volume focuses explicitly on the interplay of abstract, theoretical principles and the necessities imposed by societal contexts often requiring a more flexible use of such theoretical tools. The volume includes articles on pragmemes, politeness and anti-politeness, dialogue, joint utterances, discourse markers, pragmatics and the law, institutional discourse, critical discourse analysis, pragmatics and culture, cultural scripts, argumentation theory, connectives and argumentation, language games and psychotherapy, slurs, the analysis of funerary rites, as well as an authoritative chapter by Jacob L. Mey on societal pragmatics.

Concise Encyclopedia of Pragmatics

Author : J.L. Mey
Publisher : Elsevier
ISBN 13 : 008096298X
Total Pages : 1183 pages
Book Rating : 4.0/5 (89 download)

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Book Synopsis Concise Encyclopedia of Pragmatics by : J.L. Mey

Download or read book Concise Encyclopedia of Pragmatics written by J.L. Mey and published by Elsevier. This book was released on 2009-08-07 with total page 1183 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concise Encyclopedia of Pragmatics, Second Edition (COPE) is an authoritative single-volume reference resource comprehensively describing the discipline of pragmatics, an important branch of natural language study dealing with the study of language in it's entire user-related theoretical and practical complexity. As a derivative volume from Encyclopedia of Language and Linguistics, Second Edition, it comprises contributions from the foremost scholars of semantics in their various specializations and draws on 20+ years of development in the parent work in a compact and affordable format. Principally intended for tertiary level inquiry and research, this will be invaluable as a reference work for undergraduate and postgraduate students as well as academics inquiring into the study of meaning and meaning relations within languages. As pragmatics is a centrally important and inherently cross-cutting area within linguistics, it will therefore be relevant not just for meaning specialists, but for most linguistic audiences. - Edited by Jacob Mey, a leading pragmatics specialist, and authored by experts - The latest trends in the field authoritatively reviewed and interpreted in context of related disciplines - Drawn from the richest, most authoritative, comprehensive and internationally acclaimed reference resource in the linguistics area - Compact and affordable single volume reference format

Medieval Islamic Pragmatics

Author : Muhammad M. Yunis Ali
Publisher : Routledge
ISBN 13 : 1136818294
Total Pages : 284 pages
Book Rating : 4.1/5 (368 download)

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Book Synopsis Medieval Islamic Pragmatics by : Muhammad M. Yunis Ali

Download or read book Medieval Islamic Pragmatics written by Muhammad M. Yunis Ali and published by Routledge. This book was released on 2013-10-08 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with two different pragmatic approaches to textual communication: (i) the mainstream approach followed by the 'Ash'ari s, Hanafi s and Mu'tazili s, (ii) the salafite approach followed mainly by the Hanbali s, defended and elaborated by Ibn Taymiyyah. One of the primary aims of the book is to explore and formulate several Muslim legal theorists' pragmatic theories, communicative principles and linguistic views, construct them in the form of models and set them within a general uniform framework. Another aim is to reveal a corpus of information and data which, though highly relevant to modern pragmatics, is still unknown. This study, which can be seen as an extensive introduction to 'medieval Islamic pragmatics', is the first attempt to examine the approaches followed by the Salafi s or the mainstream from a pragmatic viewpoint. There has been no attempt to explain the principles and the strategies utilised by the medieval Sunni Muslim legal theorists in their account of how communication works and how successful interpretation is achieved. Of course, a lot of work has been done on different Islamic sects and their different positions over the interpretation of the Quran and Sunnah, but these studies fall short of delving into the underlying communicative principles that motivate their differences over interpretation. The author's formulation of the Muslim legal theorists' views is enhanced by setting up a reliable theoretical foundation and by delving into their underlying philosophical principles. This involves relating the legal theorists' insights into interpretation and communication to their relevant ontological, epistemological and theological outlooks, and comparing these insights with their modern pragmatic counterparts.

Pragmatism, Law, and Language

Author : Graham Hubbs
Publisher : Routledge
ISBN 13 : 1135086036
Total Pages : 327 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Pragmatism, Law, and Language by : Graham Hubbs

Download or read book Pragmatism, Law, and Language written by Graham Hubbs and published by Routledge. This book was released on 2013-11-12 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume puts leading pragmatists in the philosophy of language, including Robert Brandom, in contact with scholars concerned with what pragmatism has come to mean for the law. Each contribution uses the resources of pragmatism to tackle fundamental problems in the philosophy of language, the philosophy of law, and social and political philosophy. In many chapters, the version of pragmatism deployed proves a fruitful approach to its subject matter; in others, shortcomings of the specific brand of pragmatism are revealed. The result is a clearer understanding of what pragmatism has meant and can mean across these tightly related philosophical areas. The book, then, is itself pragmatism in action: it seeks to clarify its unifying concept by examining the practices that centrally involve it.

Legal Linguistics

Author : Marcus Galdia
Publisher : Peter Lang
ISBN 13 : 9783631594636
Total Pages : 442 pages
Book Rating : 4.5/5 (946 download)

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Book Synopsis Legal Linguistics by : Marcus Galdia

Download or read book Legal Linguistics written by Marcus Galdia and published by Peter Lang. This book was released on 2009 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces into the problems of Legal Linguistics. It starts with the most fundamental legal-linguistic question, i.e. how law is created and applied with linguistic means. In breaking down this vast question, the book identifies the linguistically relevant aspects of language use, especially its terminology, and scrutinizes the most significant legal-linguistic operations such as the legal argumentation, the legal interpretation, and the legal translation. Based on case analyses, it canvasses the language use strategies that are most instrumental in the developing of professionally convincing legal argumentation, primarily around terminological units. Towards the background of these and other linguistic operations in law, the book reflects upon some practical problems related to the regulation of language use and the emergence of the global law.

The Oxford Handbook of Pragmatics

Author : Yan Huang
Publisher : Oxford University Press
ISBN 13 : 0199697965
Total Pages : 753 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Oxford Handbook of Pragmatics by : Yan Huang

Download or read book The Oxford Handbook of Pragmatics written by Yan Huang and published by Oxford University Press. This book was released on 2017 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together distinguished scholars from all over the world to present an authoritative, thorough, and yet accessible state-of-the-art survey of current issues in pragmatics. Following an introduction by the editor, the volume is divided into five thematic parts. Chapters in Part I are concerned with schools of thought, foundations, and theories, while Part II deals with central topics in pragmatics, including implicature, presupposition, speech acts, deixis, reference, and context. In Part III, the focus is on cognitively-oriented pragmatics, covering topics such as computational, experimental, and neuropragmatics. Part IV takes a look at socially and culturally-oriented pragmatics such as politeness/impoliteness studies, cross- and intercultural, and interlanguage pragmatics. Finally, the chapters in Part V explore the interfaces of pragmatics with semantics, grammar, morphology, the lexicon, prosody, language change, and information structure. The Oxford Handbook of Pragmatics will be an indispensable reference for scholars and students of pragmatics of all theoretical stripes. It will also be a valuable resource for linguists in other fields, including philosophy of language, semantics, morphosyntax, prosody, psycholinguistics, and sociolinguistics, and for researchers and students in the fields of cognitive science, artificial intelligence, computer science, anthropology, and sociology.

Further Advances in Pragmatics and Philosophy

Author : Alessandro Capone
Publisher : Springer
ISBN 13 : 3319721739
Total Pages : 303 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Further Advances in Pragmatics and Philosophy by : Alessandro Capone

Download or read book Further Advances in Pragmatics and Philosophy written by Alessandro Capone and published by Springer. This book was released on 2018-01-18 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book builds on the idea that pragmatics and philosophy are strictly interconnected and that advances in one area will generate consequential advantages in the other area. The first part of the book, entitled ‘Theoretical Approaches to Philosophy of Language’, contains contributions by philosophers of language on connectives, intensional contexts, demonstratives, subsententials, and implicit indirect reports. The second part, ‘Pragmatics in Discourse’, presents contributions that are more empirically based or of a more applicative nature and that deal with the pragmatics of discourse, argumentation, pragmatics and law, and context. The book presents perspectives which, generally, make most of the Gricean idea of the centrality of a speaker’s intention in attribution of meaning to utterances, whether one is interested in the level of sentence-like units or larger chunks of discourse.

The Routledge Pragmatics Encyclopedia

Author : Louise Cummings
Publisher : Routledge
ISBN 13 : 1135214573
Total Pages : 675 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis The Routledge Pragmatics Encyclopedia by : Louise Cummings

Download or read book The Routledge Pragmatics Encyclopedia written by Louise Cummings and published by Routledge. This book was released on 2010-04-05 with total page 675 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pragmatics has grown considerably in its relatively short history, from its original disciplinary influences in philosophy and linguistics, into a multidisciplinary field that encompasses a range of theoretical and empirical concerns. The Routledge Pragmatics Encyclopedia captures the diversity of these intellectual interests in a comprehensive, single-volume edition. The Routledge Pragmatics Encyclopedia covers concepts and theories that have traditionally been associated with pragmatics, but also recent areas of development within the field, scholars who have had a significant influence on pragmatics, interdisciplinary exchanges between pragmatics and other areas of enquiry and all major research trends. Extensive cross-references between entries, along with suggestions for further reading at the end of entries, ensure that the interested reader can pursue additional study of chosen topics. With over 200 entries, written by leading academics from around the world, The Routledge Pragmatics Encyclopedia captures the rich complexity of pragmatics in an accessible manner. This reference will be relevant to students of pragmatics as well as to established scholars in the field.

The Oxford Dictionary of Pragmatics

Author : Yan Huang
Publisher : Oxford University Press
ISBN 13 : 0199539804
Total Pages : 348 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Oxford Dictionary of Pragmatics by : Yan Huang

Download or read book The Oxford Dictionary of Pragmatics written by Yan Huang and published by Oxford University Press. This book was released on 2012-09-13 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive guide to the terms, concepts, and theories of pragmatics - the study of language in use - from the traditional to the most recent, showing how they originated and how they are used. A vital resource for students and researchers in linguistics, philosophy, psychology, anthropology, and computational linguistics.

Law, Pragmatism, and Democracy

Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 9780674042292
Total Pages : 428 pages
Book Rating : 4.0/5 (422 download)

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Book Synopsis Law, Pragmatism, and Democracy by : Richard A. Posner

Download or read book Law, Pragmatism, and Democracy written by Richard A. Posner and published by Harvard University Press. This book was released on 2009-07-01 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.