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Archive | 2012

Trading Truth for Legitimacy in the Liberal State: Defending John Rawls's Pragmatism

John P. Anderson

Post-Enlightenment liberalism faces a paradox: The liberal principle of legitimacy demands states justify their constitutional order in terms citizens can accept, but there is no uncontroversial comprehensive conception of justice on which to form the requisite consensus. Rawls resolves the paradox by embracing a pragmatism that abandons the concept of truth in the political forum to secure consensus and legitimacy. Philosophers have challenged the idea of justice without truth as incoherent, and social critics have attacked it as naive. This paper defends Rawls’s pragmatism against such critics and argues that the future of liberal constitutionalism may depend on its success.


Contemporary Pragmatism | 2017

Paintbrushes and Crowbars: Richard Rorty and the New Public-Private Divide

John P. Anderson

In an often-quoted passage, Richard Rorty wrote that “J.S. Mill’s suggestion that governments devote themselves to optimizing the balance between leaving people’s lives alone and preventing suffering seems to me pretty much the last word.” In this Article, I show why, for Rorty, maintaining a strong public-private divide that cordons off final vocabularies — the religious, racial, ethnic, sexual, gender, philosophical, and other terms so important for citizens’ private pursuits of self-creation and self-perfection — from public political discourse is a crucial means to accomplishing both of these goals in post-secular liberal democracies. Public political justifications should instead be articulated in the foundation-neutral terms of a shared national vocabulary. Like paintbrushes and crowbars, final and shared vocabularies are different tools for different purposes, and a strong public-private divide helps ensure that no harm comes from their misuse.


The journal of law and religion | 2017

Law Beyond God and Kant: A Pragmatist Path

John P. Anderson


Archive | 2015

Solving the Paradox of Insider Trading Compliance

John P. Anderson


Archive | 2018

Insider Trading: Law, Ethics, and Reform

John P. Anderson


Washington University Journal of Law and Policy | 2017

Insider Trading and the Myth of Market Confidence

John P. Anderson


The Journal of Corporation Law | 2017

Poetic Expansions of Insider Trading Liability

John P. Anderson


Archive | 2016

When Does Corporate Criminal Liability for Insider Trading Make Sense

John P. Anderson


Archive | 2016

The Final Step to Insider Trading Reform: Answering the 'It's Just Not Right!' Objection

John P. Anderson


Utah law review | 2014

Anticipating a Sea Change for Insider Trading Law: From Trading Plan Crisis to Rational Reform

John P. Anderson

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