Legal Reasoning and Political Conflict (inbunden)
Format
Inbunden (Hardback)
Språk
Engelska
Antal sidor
272
Utgivningsdatum
2018-04-26
Upplaga
2
Förlag
OUP USA
Dimensioner
241 x 165 x 19 mm
Vikt
489 g
Antal komponenter
1
ISBN
9780190864446
Legal Reasoning and Political Conflict (inbunden)

Legal Reasoning and Political Conflict

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Inbunden Engelska, 2018-04-26
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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.
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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



Cass Sunstein's book makes a significant addition to our understanding of how the law works and of the nature of law itself. He explains in lucid prose, with many concrete examples, the components of good (and bad) legal reasoning and how they contribute to the outcome of legal controversies. Sunstein's ideas, which combine keen insight, common sense, and a vast knowledge of legal materials, are sure to prompt discussion....The book will be of great value to scholars
as well as to those who are beginning the study of law."
Lloyd L. Weinreb, Dane Professor of Law, Emeritus, Harvard University Law School



[Sunstein's] carefully nuanced description of the kind of reasoning employed in law, a process often mysterious to outsiders, is the best I've seen, and captures the way judges actually make decisions in most cases....Professor Sunstein has provided an articulate and comprehensible entry into the intellectual world of lawyers and judges.... Anyone who wishes to learn what 'thinking like a lawyer' is all about should read this book."
The New York Times Book Review



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Övrig information

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).

Innehållsförteckning

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