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.
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Produktdetaljer
ISBN
9780190864460
Publisert
2020
Utgave
2. utgave
Utgiver
Vendor
Oxford University Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter