In overview, this book constructs a picture of law as a democratic means. This is constructed in opposition to a picture of constitutional law centered upon the protection of minorities from the majority. Through an analysis of cases such as Brown, Citizens United, Lochner and Obergefell, a jurisprudence of democratic experimentalism is utilized to offer a more democratic conception of constitutional law. Inspired by the pragmatism of Peirce and Dewey, and informed by the work of Dorf and Sabel, as well as Oliver Wendell Holmes and Richard Posner, the aim is to make attractive a conception of constitutional law that is democratic, experimental, and based in empirical fact rather than legalistic reasoning.
Chicago Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.
To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.