Journals Higher Education    26 February 1998  240 Pages  6-1/8
x 9-1/4 inches  ISBN: 9780195118049  Also Available As:
Bookseller Code (06)  Legal Reasoning and Political Conflict
Cass R. Sunstein  In Legal Reasoning and Political Conflict,
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.
Sunstein offers a close analysis of 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.
Sunstein calls such actions incompletely theorized agreements.
In identifying them as the core feature