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Legal Reasoning and Political Conflict

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ISBN-10: 0195118049

ISBN-13: 9780195118049

Edition: 2000

Authors: Cass R. Sunstein

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Description:

The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning, Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law works in America, arguing that the courts best enable people to live…    
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Book details

Copyright year: 2000
Publisher: Oxford University Press, Incorporated
Publication date: 2/26/1998
Binding: Paperback
Pages: 240
Size: 6.25" wide x 9.25" long x 0.75" tall
Weight: 1.034
Language: English

Introduction: Law Amid Diversity
Reasoning and Legal Reasoning
Incompletely Theorized Agreements
Analogical Reasoning
Understanding (and Misunderstanding) the Rule of Law
In Defense of Casuistry
Without Reasons, Without Rules
Adapting Rules, Privately and Publicly
Interpretation
Conclusion: Law and Politics
Notes
Index