Brian E. Butler

This volume focuses on democratic experimentalism, gathering a collection of original and previously unpublished essays focusing upon its major outlines, as well as specific aspects ¿ both promising and troublesome - of this theoretical approach. Together these essays offer conceptions of democracy and democratic governance that emphasize and highlight experimentalist aspects of pragmatic thought, particularly Deweyan pragmatism, and its relationship to instantiation in concrete social and political institutions. Issues of democratic governance, political organization and the relationship of law to democracy are analyzed.

In this article I investigate the implications of antirealism, as characterized by Richard Rorty, for First Amendment jurisprudence under the United States Constitution. It is hoped that the implications, while played out in the context of a specific tradition, will have more universal application. In Section 1, Rorty’s ‘pragmatic antirealism’ is briefly outlined. In Section 2, some effects of the elimination of the concept of truth for First Amendment jurisprudence are investigated. Section 3 argues for the conclusion that given the antirealist stance, the Supreme Court’s usage of the true/ false fact distinction is actually an uncritical allowance of viewpoint-based discrimination into speech protection that has potentially far-reaching and restrictive results for important speech. Finally, in Section 4 Rorty’s antirealism is combined with various traditional models of First Amendment analysis to see how it would function. The conclusions aimed at are twofold. First, that Rortian antirealism is compatible with the traditional models underlying First Amendment theory. Second, that a realization that truth is the result of, in Rorty’s words, ‘intra-mundane’ discourse leads to an argument for different and potentially stronger and more farreaching protections to speech.

Richard Rorty believes that the combination of ironism and poetic impulse when attached to the public/private distinction, creates an opening for a type of liberalism that satisfies both the urge for individuality and the urge for solidarity. Rorty's antirealistic pragmatism leads to a society functioning very much like our own. This Dissertation dredges out some of the very contentious underlying assumptions of what Rorty feels is a philosophy-less vision. The ironic poet is Rorty's paradigm of correct modern character. Portraying this poet clearly will bring out what a powerful and radical, yet paradoxically rigidly conservative, outlook he would have us adopt. ;The journey for the outlines of the poet's personality takes me through an investigation of Rorty's interest in Heidegger. While Heidegger's poet can be described in some way as a discoverer, Rorty's poet cannot. From these differing conceptions of the poet I jump to the is/ought distinction as characterized by Hume and reversed by Rorty. I argue that Rorty believes that a fact can only be found within an 'ought.' Utopianism becomes then the only legitimate hope for change. The poet becomes the ultimate option-creator. ;Next is examined Rorty's distinction between the private and public realms. The poet, in Rorty's conception, must speak and create within these two vastly divergent realms. Liberalism and its attendant base upon the isolated and transcendent individual becomes clearly to the forefront here as a grounding point. Habermas and Feyerabend are used to further characterize possible aspects of the poet. I characterize the ironist poet as a reluctant dadaist because of the limits the strong attachment to liberalism places upon him/her. ;Ultimately Rorty's central assumption that the public and private realms absolutely cannot be harmonized in one complete 'overlying' vision that does justice to both is critiqued and questioned. All of this leads to a portrait of a severely circumscribed poet.

In this paper I argue that John Dewey developed a philosophy of law that follows directly from his conception of democracy. Indeed, under Dewey’s theory an understanding of law can only follow from an accurate understanding of the social and political context within which it functions. This has important implications for the form law takes within democ- ratic society. The paper will explore these implications through a comparison of Dewey’s claims with those of Richard Posner and Ronald Dworkin; two other theorists that inti- mately link law and democracy. After outlining their theories I will use the recent United States Supreme Court case, Citizens United, to discuss how practitioners of the three theo- ries would decide a case that implicates both the rule of law and democratic procedures. In order to do this judges following each theory, “Dews, Dworks and Poses,” are imagined. Ul- timately this paper will show that drastically different results to Citizens United would fol- low. The (tentative) conclusion of the paper is that Dewey’s conception of the relationship between democracy and law is a superior option to either that of Dworkin or Posner.

In this paper, I aim to show that the arguments offered and conclusions at which Rawls aims in his book, The Law of Peoples, are telling as to the intellectual legitimacy of his larger theoretical project. To show this I first investigate how (1) non-liberal peoples fit within the limitations Rawls describes in The Law of Peoples and (2) how liberal peoples would react to such rules. I argue from the answers to these questions to the further conclusion that by spreading the principles and tools of A Theory of Justice and Political Liberalism to the international realm some assumptions implicit in the earlier works come out more clearly. The final section of the paper analyzes some of the implications of the newly exposed assumptions for Rawls's project of liberal justice.