Incompletely Theorized Agreements: Balancing Rights and Morality

Cass Sunstein's legal theory revolves around the concept of incompletely theorized agreements. This means that societal decisions can be made without committing to a particular moral foundation or metaphysical belief. For example, the principle of free speech, such as the clear and present danger test, can be agreed upon by people with different philosophical approaches, like Kantian, Aristotelian, or philosophical indifference. This reflects the idea that societal agreements can be reached without a full consensus on moral foundations.