Legal Reasoning and Political Conflict

Overview

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.
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Legal Reasoning and Political Conflict

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Overview

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.
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Product Details

  • ISBN-13: 9780195100822
  • Publisher: Oxford University Press, USA
  • Publication date: 5/28/1996
  • Edition number: 1
  • Pages: 240
  • Product dimensions: 6.50 (w) x 9.50 (h) x 0.92 (d)

Meet the Author

Cass R. Sunstein is Karl N. Llewellyn Distinguished Service Professor of Jurisprudence and Co-Director of the Center on Constitutionalism in Eastern Europe at the University of Chicago. One of America's preeminent writers on legal issues, he is the author most recently of Democracy and the Problem of Free Speech, and is a frequent contributor to The New Republic and The New York Times Book Review.

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Table of Contents

Introduction: Law Amid Diversity 3
1 Reasoning and Legal Reasoning 13
2 Incompletely Theorized Agreements 35
3 Analogical Reasoning 62
4 Understanding (and Misunderstanding) the Rule of Law 101
5 In Defense of Casuistry 121
6 Without Reasons, Without Rules 136
7 Adapting Rules, Privately and Publicly 148
8 Interpretation 167
Conclusion: Law and Politics 191
Notes 197
Index 211
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