The limits of reason in legal theory -- Many-minds arguments -- The constitutional common law : information aggregation -- The constitutional common law : evolution -- Justices and company -- Unintended consequences and constitutional amendments.
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Vermeule denies the view that the limits of reason counsel in favour of judges making 'living' constitutional law in the style of the common law. Instead, he proposes and defends a 'codified constitution' - a regime in which legislatures have the primary authority to develop con…
Vermeule denies the view that the limits of reason counsel in favour of judges making 'living' constitutional law in the style of the common law. Instead, he proposes and defends a 'codified constitution' - a regime in which legislatures have the primary authority to develop con…
Vermeule denies the view that the limits of reason counsel in favour of judges making 'living' constitutional law in the style of the common law. Instead, he proposes and defends a 'codified constitution' - a regime in which legislatures have the primary authority to develop con…
"Human rationality is limited by the processing capacity of the brain, by errors arising from cognitive heuristics, by the intrinsic costs of information, and sometimes by emotions. What are the consequences of limited reason for the legal system? In particular, what are the con…
"In Legal Reasoning and Political Conflict, Cass R. Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, b…
Introduction -- Reasoning and legal reasoning -- Incompletely theorized agreements -- Analogical reasoning -- Trimming -- Understanding (and misunderstanding) the rule of law -- In defense of casuistry -- Without reasons, without rules -- Adapting rules, privately and publicly -…
In Legal Reasoning and Political Conflict, Cass R. Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by…