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The Democratic ConstitutionExperimentalism and Interpretation$
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Brian E. Butler

Print publication date: 2017

Print ISBN-13: 9780226474502

Published to Chicago Scholarship Online: January 2018

DOI: 10.7208/chicago/9780226474649.001.0001

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PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 21 October 2019

Introduction

Introduction

Chapter:
(p.1) Introduction
Source:
The Democratic Constitution
Author(s):

Brian E. Butler

Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226474649.003.0001

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.

Keywords:   constitutional law, democratic experimentalism, Peirce, Dewey, Dorf, Sabel, Posner

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