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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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(p.200) Conclusion
The Democratic Constitution

Brian E. Butler

University of Chicago Press

Through an outline of democratic challenges and possibilities in constitutional law a conception of law as a democratic means was constructed. This conception is based upon the work of Peirce, Dewey and Holmes as well as the more recent legal theories of Dorf, Sabel and Posner. Through an analysis of various Supreme Court decisions such as Lochner, Brown, Citizens United, and Obergefell, a concrete picture of current jurisprudence and its differences with a jurisprudence of democratic experimentalism was made explicit. A jurisprudence of democratic experimentalism was shown to be more fact based, experimental and, ultimately, more democratic. It also is able to avoid making the mistakes that contemporary constitutional doctrines seem inevitably to produce.

Keywords:   legal theory, constitutional law, Peirce, Dewey, Holmes, Dorf, Sabel, Posner, democratic experimentalism, jurisprudence

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