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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
Author
Subject
Language
eng
Summary
"[This book presents the author's] 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. [The author] 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, [the author] 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. [This book] helps dissolve the mystery. Whether discussing abortion, homosexuality, or free speech, the meaning of the Constitution, or the spell cast by the Warren Court ... [the author] 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."--
Has edition
Assigning source
Provided by publisher
Cataloging source
DLC
http://library.link/vocab/creatorName
Sunstein, Cass R
Index
index present
LC call number
K213
LC item number
.S86 2018
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/subjectName
  • Law
  • Law
  • Law
  • Law
  • Law
  • Law
  • United States
Label
Legal reasoning and political conflict, Cass R. Sunstein
Instantiates
Publication
Copyright
Bibliography note
Includes bibliographical references (pages 225-239) 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
  • Adapting rules, privately and publicly
  • Interpretation
  • Conclusion: Law and politics
  • Introduction: Law amid diversity
  • Reasoning and legal reasoning
  • Incompletely theorized agreements
  • Analogical reasoning
  • Trimming
  • Understanding (and misunderstanding) the rule of law
  • In defense of casuistry
  • Without reasons, without rules
Control code
1001905806
Dimensions
25 cm
Edition
Second edition
Extent
xvi, 251 pages
Isbn
9780190864446
Lccn
2017037997
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
System control number
(OCoLC)1001905806
Label
Legal reasoning and political conflict, Cass R. Sunstein
Publication
Copyright
Bibliography note
Includes bibliographical references (pages 225-239) 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
  • Adapting rules, privately and publicly
  • Interpretation
  • Conclusion: Law and politics
  • Introduction: Law amid diversity
  • Reasoning and legal reasoning
  • Incompletely theorized agreements
  • Analogical reasoning
  • Trimming
  • Understanding (and misunderstanding) the rule of law
  • In defense of casuistry
  • Without reasons, without rules
Control code
1001905806
Dimensions
25 cm
Edition
Second edition
Extent
xvi, 251 pages
Isbn
9780190864446
Lccn
2017037997
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
System control number
(OCoLC)1001905806

Library Locations

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