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1Posner's Problem with Moral PhilosophyThe University of Chicago Law School Roundtable 7 325-343. 2000.
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90Sen’s The Idea of Justice: Back to the (Pragmatic) FutureContemporary Pragmatism 7 (2): 219-229. 2010.Sen argues that Rawls’ political theory suffers from the flaw of “institutional fundamentalism.” In response, he develops an alternate theory of justice that does not rely upon contractarian premises. I argue that Sen’s theory largely maps on to the insights of classic pragmatist thought. Further, the pragmatic tradition can help critique and supplement Sen’s project.
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138Dews, Dworks, and Poses Decide LochnerContemporary Pragmatism 7 (2): 15-44. 2010.Lochner represents a crucial case in American constitutional law. An investigation of the decision highlights important philosophical aspects of the place of law in a democratic society. Analysis of contemporary stances on Lochner, the actual Lochner opinion (including the dissents by Harlan and Holmes) and how judges following the legal philosophies of John Dewey, Ronald Dworkin and Richard Posner (“Dews,” “Dworks,” and “Poses”) would have decided the case shows that Dewey’s theory of law and d…Read more
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