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The Resource Legal reasoning and political conflict, Cass R. Sunstein

Legal reasoning and political conflict, Cass R. Sunstein

Label
Legal reasoning and political conflict
Title
Legal reasoning and political conflict
Statement of responsibility
Cass R. Sunstein
Creator
Subject
Language
eng
Summary
The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred-and divided-by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning, Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law works 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. Sunstein offers a close analysis of the way the law mediates disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must by necessity avoid broad, abstract reasoning. Why?; For one thing, adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not-indeed, must not-delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as a core principle of legal reasoning, he takes issue with advocates of comprehensive theories and systemization, from Robert Bork (who champions the original understanding of the Constitution) to Jeremy Bentham, the father of utilitarianism. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples-a law that was no longer enforced by prosecutors.; In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a bold new 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: the legislatures elected by the people
http://library.link/vocab/creatorName
Sunstein, Cass R
Dewey number
340/.11
Index
index present
Literary form
non fiction
Nature of contents
  • dictionaries
  • bibliography
http://library.link/vocab/subjectName
  • Law
  • Law
  • Law
  • Law
Label
Legal reasoning and political conflict, Cass R. Sunstein
Instantiates
Publication
Bibliography note
Includes bibliographical references (pages 197-210) and index
Color
multicolored
Contents
  • Interpretation
  • Conclusion: Law and Politics
  • Introduction: Law Amid Diversity
  • Reasoning and Legal Reasoning
  • Incompletely Theorized Agreements
  • Analogical Reasoning
  • Understanding (and Misunderstanding) the Rule of Law
  • In Defense of Casuistry
  • Without Reasons, Without Rules
  • Adapting Rules, Privately and Publicly
Control code
ocm45844541
Dimensions
unknown
Extent
1 online resource (x, 220 pages)
Form of item
online
Isbn
9781280451775
Note
eBooks on EBSCOhost
Specific material designation
remote
System control number
(OCoLC)45844541
Label
Legal reasoning and political conflict, Cass R. Sunstein
Publication
Bibliography note
Includes bibliographical references (pages 197-210) and index
Color
multicolored
Contents
  • Interpretation
  • Conclusion: Law and Politics
  • Introduction: Law Amid Diversity
  • Reasoning and Legal Reasoning
  • Incompletely Theorized Agreements
  • Analogical Reasoning
  • Understanding (and Misunderstanding) the Rule of Law
  • In Defense of Casuistry
  • Without Reasons, Without Rules
  • Adapting Rules, Privately and Publicly
Control code
ocm45844541
Dimensions
unknown
Extent
1 online resource (x, 220 pages)
Form of item
online
Isbn
9781280451775
Note
eBooks on EBSCOhost
Specific material designation
remote
System control number
(OCoLC)45844541

Library Locations

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      Albany, Auckland, 0632, NZ
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