Legal Reasoning and Political Conflict - Cass R. Sunstein

Legal Reasoning and Political Conflict

By Cass R. Sunstein

  • Release Date: 2018-02-16
  • Genre: Law

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.

Comments:

12 Comments
Taylor Mackenzie
Amazing! I love this site
Aston Ayers
Only Signup is easy and free, finally I can read this book Legal Reasoning and Political Conflict with good quality. Thank you!
Ashley Ann
Been waiting to download this book for months. and finally came out too
Cheryl Lynn
This book Legal Reasoning and Political Conflict is very nice, with quick read and download
Erin Cochran Cole
Great selection and quality is better than many Book Store, no kidding.
Kyle Magner
yes, i am also through this to download books
Eric Mn
Yes this really works! Just got my free account
Terry Barnes
One of the best book I've seen this year!
Pastor Shahuano
Excited, Happy Reading guys !!!
Laura Velez Garcia
Thanks, I'm so glad to be reading this book
Wouter van der Giessen
Laura Velez Garcia yes same me too
Janet McCann
Sign up was really easy. Less than 1 minute I was hooked up