The Choices Justices Make is a groundbreaking work that offers a strategic account of Supreme Court decision making. Justices realize that their ability to achieve their policy and other goals depends on the preferences of other actors, the choices they expect others to make, and the institutional context in which they act. All these factors hold sway over justices as they make their decisions, from which cases to accept, to how to interact with their colleagues, and what policies to adopt in their opinions. Choices is a thought-provoking, yet nontechnical work that is an ideal supplement for judicial process and public law courses. In addition to offering a unique and sustained theoretical account, the authors tell a fascinating story of how the Court works. Data culled from the Court′s public records and from the private papers of Justices Brennan, Douglas, Marshall, and Powell provide empirical evidence to support the central argument, while numerous examples from the justices′ papers animate the work.

Why democracy is the best way of deciding how decisions should be made Pragmatism and its consequences are central issues in American politics today, yet scholars rarely examine in detail the relationship between pragmatism and politics. In The Priority of Democracy, Jack Knight and James Johnson systematically explore the subject and make a strong case for adopting a pragmatist approach to democratic politics—and for giving priority to democracy in the process of selecting and reforming political institutions. What is the primary value of democracy? When should we make decisions democratically and when should we rely on markets? And when should we accept the decisions of unelected officials, such as judges or bureaucrats? Knight and Johnson explore how a commitment to pragmatism should affect our answers to such important questions. They conclude that democracy is a good way of determining how these kinds of decisions should be made—even if what the democratic process determines is that not all decisions should be made democratically. So, for example, the democratically elected U.S. Congress may legitimately remove monetary policy from democratic decision-making by putting it under the control of the Federal Reserve. Knight and Johnson argue that pragmatism offers an original and compelling justification of democracy in terms of the unique contributions democratic institutions can make to processes of institutional choice. This focus highlights the important role that democracy plays, not in achieving consensus or commonality, but rather in addressing conflicts. Indeed, Knight and Johnson suggest that democratic politics is perhaps best seen less as a way of reaching consensus or agreement than as a way of structuring the terms of persistent disagreement.

A thorough critique of theories of institutional change followed by the development of a new theory emphasising the role of distributional conflict in the emergence of social institutions.

A distinguished group of scholars explores compromise in contemporary affairs Do lawmakers have a greater ethical responsibility to compromise than ordinary citizens? How does one rectify what is at stake when lawmakers concede to compromise for the sake of reaching resolution? Is compromise necessarily equalizing and is it a reasonable mode of problem solving and dispute resolution? In this latest installment from the NOMOS series, distinguished scholars across the fields of political science, law, and philosophy tackle the complex set of questions that relate to the practice of compromise and its implications for social and political life in modern societies. The volume, edited by Jack Knight, brings together a range of perspectives – in both disciplinary and substantive terms – on representation, political morality, disagreement, negotiation, and various forms of compromise. The ten essays reflect a variety of considerations across interdisciplinary lines, and provide a new and thought-provoking discussion of the policy, practice, and philosophy of compromise, covering a number of specific topics including alternative dispute resolution (ADR) and conscientious objection. Examining these issues and more, Compromise offers new and thought provoking insights into the pressing issue of the importance of compromise in social and political affairs.

Bargains are a fact of political life. But if bargaining inevitably involves asymmetric power, can it ever be just? Drawing on an analogy to the private law of contracts and on case studies across arenas of civic life, Democratic Deals shows that, subject to proper limits, bargaining can secure political equality and protect fundamental interests.

Befinden sich moderne Demokratien in einer Legitimationskrise? Aktuelle Entwicklungen wie die politische Infragestellung der Rechtstaatlichkeit, Wahleinmischungen oder Einschrankung der Pressefreiheit stellen die Fragen nach dem Legitimationsbegriff - und wie er zu messen ist - neu. An der Schnittstelle von Politikwissenschaft, Philosophie und Recht diskutiert der Band in 21 Beitragen dringende Fragen aktueller Rechtsstaatlichkeit auf hochstem Niveau.

A distinguished group of scholars explores compromise in contemporary affairs Do lawmakers have a greater ethical responsibility to compromise than ordinary citizens? How does one rectify what is at stake when lawmakers concede to compromise for the sake of reaching resolution? Is compromise necessarily equalizing and is it a reasonable mode of problem solving and dispute resolution? In this latest installment from the NOMOS series, distinguished scholars across the fields of political science, law, and philosophy tackle the complex set of questions that relate to the practice of compromise and its implications for social and political life in modern societies. The volume, edited by Jack Knight, brings together a range of perspectives – in both disciplinary and substantive terms – on representation, political morality, disagreement, negotiation, and various forms of compromise. The ten essays reflect a variety of considerations across interdisciplinary lines, and provide a new and thought-provoking discussion of the policy, practice, and philosophy of compromise, covering a number of specific topics including alternative dispute resolution (ADR) and conscientious objection. Examining these issues and more, Compromise offers new and thought provoking insights into the pressing issue of the importance of compromise in social and political affairs.