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Law, Pragmatism, And Democracy,New Laton How Important Are Schoolwide PoliciesA Liberal State Is A Representative Democracy Constrained By The Rule Of Law. Richard Posner Argues For A Conception Of The Liberal State Based On Pragmatic Theories Of Government. He Views The Actions Of Elected Officials As Guided By Interests Rather Than By Reason And The Decisions Of Judges By Discretion Rather Than By Rules. He Emphasizes The Institutional And Material, Rather Than Moral And Deliberative, Factors In Democratic Decision Making.