Abstract

Posner's “pragmatic” defense of broad judicial deference to legislative power still reflects the shortcomings noted in my review of his Law, Pragmatism, and Democracy. His pragmatism still fails to provide meaningful criteria for decision making that do not collapse into an indeterminate relativism; and his argument that strict constraints on judicial power are required by respect for democracy underestimates the importance of two serious interconnected weaknesses of the modern state: widespread voter ignorance, and interest‐group exploitation of that ignorance.