Legal Reasoning and Political Conflict
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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…
Copyright year: 2000
Publisher: Oxford University Press, Incorporated
Publication date: 2/26/1998
Size: 6.25" wide x 9.25" long x 0.75" tall
|Introduction: Law Amid Diversity|
|Reasoning and Legal Reasoning|
|Incompletely Theorized Agreements|
|Understanding (and Misunderstanding) the Rule of Law|
|In Defense of Casuistry|
|Without Reasons, Without Rules|
|Adapting Rules, Privately and Publicly|
|Conclusion: Law and Politics|