Legal Reasoning and Political Conflict (2nd edition)

ISBN : 9780190864446

Cass R. Sunstein
264 Pages
156 x 235 mm
Pub date
Apr 2018
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In Legal Reasoning and Political Conflict, Cass R. Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Whether discussing abortion, homosexuality, or free speech, the meaning of the Constitution, or the spell cast by the Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In this Second Edition, the author updates the previous edition bringing it into the current mainstream of twenty-first century legal reasoning and judicial decision-making focusing on the many relevant contemporary issues and developments that occurred since the initial 1996 publication.


Chapter 1: Reasoning and Legal Reasoning
Chapter 2: Incompletely Theorized Agreements
Chapter 3: Analogical Reasoning
Chapter 4: Trimming
Chapter 5: Understanding (and Misunderstanding) the Rule of Law
Chapter 6: In Defense of Casuistry
Chapter 7: Without Reasons, Without Rules
Chapter 8: Adapting Rules, Privately and Publicly
Chapter 9: Interpretation

About the author: 

Cass R. Sunstein is the Robert Walmsley University Professor at Harvard University. From 2009 to 2012, he was Administrator of the White House Office of Information and Regulatory Affairs. He is the founder and director of the Program on Behavioral Economics and Public Policy at Harvard Law School. He has been involved in law reform activities in nations all over the world, often with a focus on behavioral economics. He is the author of many articles and books, including Republic.com (2001); Designing Democracy: What Constitutions Do (2001); Infotopia: How Many Minds Produce Knowledge (2006); Nudge: Improving Decisions about Health, Wealth, and Happiness (with Richard Thaler, 2008), Going to Extremes: How Like Minds Unite and Divide (2009); Simpler: The Future of Government (2013); and Choosing Not to Choose: Understanding the Value of Choice (2015).

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