Legal Reasoning and Political Conflict
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Product details:
- Edition number 2
- Publisher OUP USA
- Date of Publication 26 April 2018
- ISBN 9780190864446
- Binding Hardback
- No. of pages272 pages
- Size 236x160x27 mm
- Weight 499 g
- Language English 0
Categories
Short description:
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.
MoreLong description:
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. Professor Sunstein closely analyzes the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. He states that judges purposely limit the scope of their decisions to avoid reopening large-scale controversies, calling such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning, he takes issue with advocates of comprehensive theories and systemization, from Robert Bork to Jeremy Bentham, and Ronald Dworkin. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law.
Legal reasoning can seem impenetrable, mysterious, baroque. Legal Reasoning and Political Conflict helps dissolve the mystery. 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 his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: to the legislatures elected by the people.
In this Second Edition, the author updates the previous edition bringing the book 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 its initial 1996 publication.
The best of American legal theory has attempted to explain and justify an approach focusing on the features of individual cases and avoiding reliance on rigid rules. Sunstein's book not only offers the most comprehensive attempt to defend particularistic decision-making in all of its manifestations, but also gives the most powerful defense. Defenders of rules, categories, and abstraction will have a formidable task in trying to penetrate the armor of Sunstein's normative defense of particularistic decision-making."
Frederick Schauer, David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law
Table of Contents:
Preface
Introduction
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
Conclusion
Notes
Index
