Legal Reasoning and Political Conflict

NEW YORK TIMES BESTSELLERFULLY REVISED &UPDATED, WITH A NEW EPILOGUE"Delightful."-The EconomistThere'sSanta Claus, Shakespeare, Mickey Mouse, the Bible, and then there's Star Wars.Nothing quite compares to sitting down with a young child and hearing the soundof John Williams's score as those beloved golden letters fill the screen. Inthis fun, erudite, and often moving book, Cass R. Sunstein explores the lessonsof Star Wars as they relate to childhood, fathers, the Dark Side, rebellion,and redemption. As it turns out, Star Wars also has a lot to teach us aboutconstitutional law, economics, and political uprisings.Inrich detail, Sunstein tells the story of the films' wildly unanticipatedsuccess and explores why some things succeed while others fail. Ultimately,Sunstein argues, Star Wars is about freedom of choice and our never-endingability to make the right decision when the chips are down. Written withbuoyant prose and considerable heart, TheWorld According to Star Wars shines a bright new light on themost beloved story of our time.

Here is one of the most fundamental questions in human life: How do we decide how we decide? We make such decisions all the time. If you trust your doctor, you might decide to follow a simple rule for medical decisions: Do whatever your doctor suggests. If you like someone a lot, and maybe love them, but are not sure whether you want to marry them, you might do this: Live with them first. Some of these strategies are wise. They prevent error. They improve your emotional well-being. Some of these strategies are foolish. They lead you in the direction of terrible mistakes. They prevent you from learning. They might make you miserable. Decisions about Decisions explores how people do, and should, make decisions about decisions. It aims to see what such decisions are, to explore how they go right, and see where they go wrong.

The New York Times–bestselling author of Nudge examines the prevelance and burden of ‘sludge’—red tape and unnecessary paperwork—and why we must do better.<BR> <BR> “If nudges have a mortal enemy, or perhaps the equivalent of antimatter to matter, it’s ‘sludge’.” —Forbes<BR><BR> We’ve all had to fight our way through administrative sludge—filling out complicated online forms, mailing in paperwork, standing in line at the motor vehicle registry. This kind of red tape is a nuisance, but, as Cass Sunstein shows in Sludge, it can also impair health, reduce growth, entrench poverty, and exacerbate inequality. Confronted by sludge, people just give up—and lose a promised outcome: a visa, a job, a permit, an educational opportunity, necessary medical help. In this lively and entertaining look at the terribleness of sludge, Sunstein explains what we can do to reduce it.<BR><BR> Because of sludge, Sunstein, explains, too many people don't receive benefits to which they are entitled. Sludge even prevents many people from exercising their constitutional rights—when, for example, barriers to voting in an election are too high. (A Sludge Reduction Act would be a Voting Rights Act.) Sunstein takes readers on a tour of the not-so-wonderful world of sludge, describes justifications for certain kinds of sludge, and proposes “Sludge Audits” as a way to measure the effects of sludge. On balance, Sunstein argues, sludge infringes on human dignity, making people feel that their time and even their lives don't matter. We must do better.

The social cost of carbon: The most important number you've never heard of—and what it means.<BR><BR><BR>If you're injuring someone, you should stop—and pay for the damage you've caused. Why, this book asks, does this simple proposition, generally accepted, not apply to climate change? In Climate Justice, a bracing challenge to status-quo thinking on the ethics of climate change, renowned author and legal scholar Cass Sunstein clearly frames what’s at stake and lays out the moral imperative: When it comes to climate change, everyone must be counted equally, regardless of when they live or where they live—which means that wealthy nations, which have disproportionately benefited from greenhouse gas emissions, are obliged to help future generations and people in poor nations that are particularly vulnerable. <BR><BR>Invoking principles of corrective justice and distributive justice, Sunstein argues that rich countries should pay for the harms that they have caused and that all of us are obliged to take steps to protect future generations from serious climate-related damage. He shows how “choice engines,” informed by artificial intelligence, can enable people to save money and to reduce the harms they produce. The book casts new light on the “social cost of carbon,” the most important number in climate change debates—and explains how intergenerational neutrality and international neutrality can help all nations, above all the United States and China, do what must be done.

The social cost of carbon: The most important number you've never heard of—and what it means.<BR><BR>If you’re injuring someone, you should stop—and pay for the damage you’ve caused. Why does this simple proposition, generally accepted, not apply to climate change? In Climate Justice, a bracing challenge to status quo thinking on the ethics of climate change, renowned author and legal scholar Cass Sunstein clearly frames what’s at stake and lays out the moral imperative: When it comes to climate change, everyone must be counted equally, regardless of when they live or where they live—which means that wealthy nations, which have disproportionately benefited from greenhouse gas emissions, are obliged to help future generations and people in poor nations that are particularly vulnerable.

A much-needed defense of liberalism—what it is, why it is under threat, and why we need it more than ever—from one of our most important political thinkers today.<BR><BR>More than at any time since World War II, liberalism is under pressure, even siege. On the right, some have given up on liberalism. They hold it responsible for the collapse of the family and traditional values, rampant criminality, disrespect for authority, and widespread immorality. On the left, some are turning their backs on liberalism. They think that it lacks the resources to handle the problems posed by entrenched inequalities, racism, sexism, corporate power, and environmental degradation. But those opposed to liberalism do not depict it accurately; they offer a caricature, and they neglect its history.<BR><BR>In On Liberalism, former advisor to Presidents Obama and Biden and New York Times–bestselling author Cass Sunstein offers a timely and clear understanding of liberalism—of its core commitments, of its breadth, of its internal debates, of its evolving character, of its promise—and why we need it more than ever. He also shows how and why liberalism has been, and should be, appealing to both the left and the right.<BR><BR>The book begins with a manifesto on behalf of liberalism, and then goes on to explore the central idea of “experiments of living,” to which a liberal constitutional order gives pride of place. From there, it discusses John Stuart Mill and Friedrich Hayek, defining liberal thinkers; the rule of law as liberals understand it; freedom of speech (including the place of lies and falsehoods within that freedom); free markets, economic liberty, and regulation; Franklin Delano Roosevelt’s Second Bill of Rights, with its social and economic guarantees; and finally, the concept of opportunity.<BR><BR>Never more urgently needed, On Liberalism moves the conversation well beyond the reductive and inflammatory political sound bites of our moment and advances a compelling argument on behalf of liberalism as the foundation of freedom and self-government.

An “illuminating” study that reveals the different ways social change occurs—for readers of Freakonomics and Thinking, Fast and Slow (The New York Times)<BR><BR> How does social change happen? When do social movements take off? Sexual harassment was once something that women had to endure; now a movement has risen up against it. White nationalist sentiments, on the other hand, were largely kept out of mainstream discourse; now there is no shortage of media outlets for them. In this book, with the help of behavioral economics, psychology, and other fields, Cass Sunstein casts a bright new light on how change happens.<BR><BR> Sunstein focuses on the crucial role of social norms—and on their frequent collapse. When norms lead people to silence themselves, even an unpopular status quo can persist. Then one day, someone challenges the norm—a child who exclaims that the emperor has no clothes; a woman who says “me too.” Sometimes suppressed outrage is unleashed, and long-standing practices fall.<BR><BR> Sometimes change is more gradual, as “nudges” help produce new and different decisions—apps that count calories; texted reminders of deadlines; automatic enrollment in green energy or pension plans. Sunstein explores what kinds of nudges are effective and shows why nudges sometimes give way to bans and mandates. Finally, he considers social divisions, social cascades, and “partyism,” when identification with a political party creates a strong bias against all members of an opposing party—which can both fuel and block social change.

Why the separation of powers is essential to liberty and democracy.<BR> <BR>From the winner of the Holberg Prize and New York Times–bestselling author of The World According to Star Wars.<BR><BR>All over the world, people are questioning the separation of powers. They want a strong man, able to do what must be done. But James Madison was right to say this: “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”<BR><BR>In this essential and immensely timely book, Separation of Powers, Cass Sunstein explains why the separation of powers is necessary for both freedom and self-government. He shows that freedom from fear is a central goal of the system of separation of powers. He also explains why the executive branch is the most dangerous branch, why the idea of presidential immunity is a terrible one, and why an independent judiciary is crucial.<BR><BR>Drawing on his extensive experience in the White House, the Department of Justice, and the Department of Homeland Security, the author also argues that the separation of powers is, in fact, six separations of powers: (1) The legislature may not exercise the executive power. (2) The legislature may not exercise the judicial power. (3) The executive may not exercise the legislative power. (4) The executive may not exercise the judicial power. (5) The judiciary may not exercise the legislative power. (6) The judiciary may not exercise the executive power. Each of these is essential to liberty under law.

Con questo testo innovativo Cass Sunstein ci aiuta a ripensare il concetto di libertà. Per essere liberi, poter scegliere non è sufficiente. Dobbiamo anche essere in grado di orientarci. Le persone spesso hanno bisogno di strumenti che le aiutino a raggiungere i propri obbiettivi. Sia nei Paesi ricchi che nei Paesi poveri i cittadini spesso non hanno idea di come raggiungere la destinazione che desiderano. Questo è il motivo per cui non sono liberi. Le persone spesso inoltre affrontano seri problemi di autocontrollo, in quanto prendono decisioni oggi che possono peggiorare la loro vita domani. E, in alcuni casi, saremmo felici anche con scelte alternative, con un differente partner, lavoro o luogo in cui vivere. Tutto questo solleva la difficile domanda su quale strada promuova meglio il nostro benessere. "Sulla libertà" è un libro accessibile, che si muove agevolmente tra diritto, scienze sociali, arte e religione. Esso esplora una dimensione cruciale della condizione umana che i filosofi e gli economisti hanno a lungo trascurato, mostrando che cosa significhi davvero raggiungere la libertà.

"In modern nations, political disagreement is the source of both the gravest danger and the greatest security," writes Cass Sunstein. All democracies face intense political conflict. But is this conflict necessarily something to fear? In this provocative book, one of our leading political and legal theorists reveals how a nation's divisions of conviction and belief can be used to safeguard democracy. Confronting one explosive political issue after another, from presidential impeachment to the limits of religious liberty, from discrimination against women and gays to the role of the judiciary, Sunstein constructs a powerful new perspective from which to show how democracies negotiate their most divisive real-world problems. He focuses on a series of concrete concerns that go to the heart of the relationship between the idea of democracy and the idea of constitutionalism. Illustrating his discussion with examples from constitutional debates and court-cases in South Africa, Eastern Europe, Israel, America, and elsewhere, Sunstein takes readers through a number of highly charged questions: When should government be permitted to control discriminatory behaviour by or within religious organizations? Does it make sense to govern on the basis of popular referenda? Can the right to have an abortion be defended? Can we defend Internet regulation? Should the law step in if children are being schooled in discriminatory preferences and beliefs? Should a constitution protect rights to food, shelter, and health care? Disputes over questions such as these can be fierce enough to pose a grave threat. But in a paradox whose elaboration forms the core of Sunstein's book, it is a nation's apparently threatening diversity of opinion that can ensure its integrity. Extending his important recent work on the way deliberation within like-minded groups can produce extremism, Sunstein breaks new ground in identifying the mechanisms behind political conflict in democratic nations. At the same time, he develops a profound understanding of a constitutional democracy's system of checks and balances. Sunstein shows how a good constitution, fostering a "republic of reasons," enables people of opposing ethical and religious commitments to reach agreement where agreement is necessary, while making it unnecessary to reach agreement when agreement is impossible. A marvel of lucid, subtle reasoning, DESIGNING DEMOCRACY makes invaluable reading for anyone concerned with the promises and pitfalls of the democratic experiment.