Legal Reasoning and Political Conflict

Descriere

Legal reasoning can seem impenetrable, mysterious, baroque. This book dissolves the mystery. Cass R. Sunstein argues that fundamental issues are for the public, not for courts. When legal reasoning operates at its best, judges understand that citizens of a free nation legitimately disagree on basic principles. Judges try to resolve particular cases without taking sides on large-scale social controversies. The result is a bold new conception of law and legal reasoning.