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Pragmatism and Judicial Choice


Denis Brion

A central focus of scholarly discourse in law is the phenomenon of endemic change in the substantive content of judicial doctrine, the manifest structure of rules and principles that determine the outcomes of litigated disputes. This discourse constitutes a debate over whether this phenomenon undermines the legitimacy of the judicial process in the Rule of Law system by which the society of the United States is popularly perceived to be governed. Pragmatism and Judicial Choice is a collection of essays that use the concepts of semiotics to subject various aspects of the judicial process in the United States to analysis and critique for the purpose of demonstrating that endemic instability does not undermine judicial legitimacy, but instead is an inevitable consequence of the judicial process when it is functioning in a manner consistent with its institutional nature.