Preface
Introduction
Chapter 1: Reasoning and Legal Reasoning
Chapter 2: Incompletely Theorized Agreements
Chapter 3: Analogical Reasoning
Chapter 4: Trimming
Chapter 5: Understanding (and Misunderstanding) the Rule of Law
Chapter 6: In Defense of Casuistry
Chapter 7: Without Reasons, Without Rules
Chapter 8: Adapting Rules, Privately and Publicly
Chapter 9: Interpretation
Conclusion
Notes
Index
Cass R. Sunstein is the Robert Walmsley University Professor at
Harvard University. From 2009 to 2012, he was Administrator of the
White House Office of Information and Regulatory Affairs. He is the
founder and director of the Program on Behavioral Economics and
Public Policy at Harvard Law School. He has been involved in law
reform activities in nations all over the world, often with a focus
on behavioral economics. He is the author of many
articles and books, including Republic.com (2001); Designing
Democracy: What Constitutions Do (2001); Infotopia: How Many Minds
Produce Knowledge (2006); Nudge: Improving Decisions about Health,
Wealth, and Happiness (with
Richard Thaler, 2008), Going to Extremes: How Like Minds Unite and
Divide (2009); Simpler: The Future of Government (2013); and
Choosing Not to Choose: Understanding the Value of Choice (2015).
"The best of American legal theory has attempted to explain and
justify an approach focusing on the features of individual cases
and avoiding reliance on rigid rules. Sunstein's book not only
offers the most comprehensive attempt to defend particularistic
decision-making in all of its manifestations, but also gives the
most powerful defense. Defenders of rules, categories, and
abstraction will have a formidable task in trying to penetrate the
armor of
Sunstein's normative defense of particularistic
decision-making."
Frederick Schauer, David and Mary Harrison Distinguished Professor
of Law, University of Virginia School of Law
"Cass Sunstein's book makes a significant addition to our
understanding of how the law works and of the nature of law itself.
He explains in lucid prose, with many concrete examples, the
components of good (and bad) legal reasoning and how they
contribute to the outcome of legal controversies. Sunstein's ideas,
which combine keen insight, common sense, and a vast knowledge of
legal materials, are sure to prompt discussion....The book will be
of great value to
scholars as well as to those who are beginning the study of
law."
Lloyd L. Weinreb, Dane Professor of Law, Emeritus, Harvard
University Law School
"[Sunstein's] carefully nuanced description of the kind of
reasoning employed in law, a process often mysterious to outsiders,
is the best I've seen, and captures the way judges actually make
decisions in most cases....Professor Sunstein has provided an
articulate and comprehensible entry into the intellectual world of
lawyers and judges.... Anyone who wishes to learn what 'thinking
like a lawyer' is all about should read this book."
The New York Times Book Review
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