Legal Reasoning and Political Conflict

Among the most frequently heard proposals for reform of the judicial system are those calling for strict adherence to guidelines, be they sentencing, constitutional, or otherwise. Cass Sunstein says it doesn't really work that way. Sunstein, a leading author on legal theory, has added to his body of work this well-reasoned case for variations on a theory of law known as "legal pragmatism"--an approach that gives those in the judiciary greater latitude to decide cases on a variety on grounds. This theory is used as a centerpiece for this discussion on how law, lawyers, and judges work. Sunstein moves through legal theory to examine landmark cases and practical applications.