Conversations with Tyler Cass Sunstein on Judicial Minimalism, the Supreme Court, and Star Wars (Live at Mason)
Jun 22, 2016
Legal scholar and author Cass Sunstein discusses judicial minimalism, the ideal size of the Supreme Court, the metaphysics of nudging, James Joyce, and Star Wars. They also talk about Bob Dylan's best album and the benefits of a banned products store.
AI Snips
Chapters
Transcript
Episode notes
Incompletely Theorized Agreements
- Cass Sunstein's legal theory centers around "incompletely theorized agreements."
- This means finding common ground on rights and actions without agreeing on deeper moral foundations.
Judicial Minimalism
- Judicial minimalism avoids broad metaphysical debates.
- It focuses on practical questions like jurisdiction and authority to resolve disputes.
Rule-Following vs. Discretion
- Sunstein and Posner differ on the importance of strict rule-following.
- Sunstein values stable rules to prevent arbitrary judicial discretion, while Posner prioritizes individual judicial wisdom.