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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
In Legal Reasoning and Political Conflict, 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. Sunstein offers a close analysis of 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. Why? For one thing, critics and 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 the core feature of legal reasoning - and as a central part of constitutional thinking in America, South Africa, and Eastern Europe - he takes issue with advocates of comprehensive theories and systematization, from Robert Bork (who champions the original understanding of the Constitution) to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. 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 seemimpenetrable, mysterious, baroque. This book helps dissolve the mystery
Cataloging source
DLC
http://library.link/vocab/creatorName
Sunstein, Cass R
Index
index present
LC call number
K213
LC item number
.S86 1996
Literary form
non fiction
Nature of contents
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
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • 3.
  • Analogical Reasoning
  • p. 62.
  • 4.
  • Understanding (and Misunderstanding) the Rule of Law
  • p. 101.
  • 5.
  • In Defense of Casuistry
  • p. 121.
  • 6.
  • Introduction: Law Amid Diversity
  • Without Reasons, Without Rules
  • p. 136.
  • 7.
  • Adapting Rules, Privately and Publicly
  • p. 148.
  • 8.
  • Interpretation
  • p. 167.
  • Conclusion: Law and Politics
  • p. 191
  • p. 3.
  • 1.
  • Reasoning and Legal Reasoning
  • p. 13.
  • 2.
  • Incompletely Theorized Agreements
  • p. 35.
Control code
33048409
Dimensions
24 cm
Extent
x, 220 pages
Isbn
9780195100822
Lccn
95025265
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Label
Legal reasoning and political conflict, Cass R. Sunstein
Publication
Bibliography note
Includes bibliographical references (pages 197-210) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • 3.
  • Analogical Reasoning
  • p. 62.
  • 4.
  • Understanding (and Misunderstanding) the Rule of Law
  • p. 101.
  • 5.
  • In Defense of Casuistry
  • p. 121.
  • 6.
  • Introduction: Law Amid Diversity
  • Without Reasons, Without Rules
  • p. 136.
  • 7.
  • Adapting Rules, Privately and Publicly
  • p. 148.
  • 8.
  • Interpretation
  • p. 167.
  • Conclusion: Law and Politics
  • p. 191
  • p. 3.
  • 1.
  • Reasoning and Legal Reasoning
  • p. 13.
  • 2.
  • Incompletely Theorized Agreements
  • p. 35.
Control code
33048409
Dimensions
24 cm
Extent
x, 220 pages
Isbn
9780195100822
Lccn
95025265
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n

Library Locations

    • Pardee Legal Research CenterBorrow it
      5998 Alcalá Park, San Diego, CA, 92110-2492, US
      32.771471 -117.187496
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