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Books > Law

Cyber Security Toolkit (Paperback, 2nd Revised edition): Peter Wright, Heather Anson Cyber Security Toolkit (Paperback, 2nd Revised edition)
Peter Wright, Heather Anson
R2,270 Discovery Miles 22 700 Ships in 12 - 19 working days
Understanding National Health Insurance in South Africa (Paperback): M. Labuschaigne, M Slabbert Understanding National Health Insurance in South Africa (Paperback)
M. Labuschaigne, M Slabbert
R315 Discovery Miles 3 150 Ships in 4 - 8 working days

The National Health Insurance, commonly known as the NHI, aims to ensure that all South Africans have access to appropriate, efficient and quality health services. The right to health, as an economic, social and cultural right to a universal minimum standard of health to which all individuals are entitled, requires government action and that the state provides welfare to the individual. Section 27 of the Bill of Rights affirms the right of everyone to have access to health care services. An obligation is placed on the state to achieve the progressive realisation of this right. While some legislative measures have been instituted, the National Health Insurance (NHI), however, is the direct and most germane response to that directive and towards realising universal health coverage. The NHI underpins the establishment of a unified health system in the country based on the principles of social solidarity, progressive universalism, equity and health as a public good and a social investment, thereby underscoring the values of justice, fairness and equity. Based on its principle of equity, the NHI will need to ensure a fair and just health care system for all and access to health services within reasonable periods. This book is timely as it will serve to inform stakeholders and communities of the key elements of the NHI, its structure, processes and plans for implementation

Storytelling for Lawyers (Hardcover, annotated edition): Philip Meyer Storytelling for Lawyers (Hardcover, annotated edition)
Philip Meyer
R4,580 Discovery Miles 45 800 Ships in 12 - 19 working days

Good lawyers have an ability to tell stories. Whether they are arguing a murder case or a complex financial securities case, they can capably explain a chain of events to judges and juries so that they understand them. The best lawyers are also able to construct narratives that have an emotional impact on their intended audiences. But what is a narrative, and how can lawyers go about constructing one? How does one transform a cold presentation of facts into a seamless story that clearly and compellingly takes readers not only from point A to point B, but to points C, D, E, F, and G as well? In Storytelling for Lawyers, Phil Meyer explains how. He begins with a pragmatic theory of the narrative foundations of litigation practice and then applies it to a range of practical illustrative examples: briefs, judicial opinions and oral arguments. Intended for legal practitioners, teachers, law students, and even interdisciplinary academics, the book offers a basic yet comprehensive explanation of the central role of narrative in litigation. The book also offers a narrative tool kit that supplements the analytical skills traditionally emphasized in law school as well as practical tips for practicing attorneys that will help them craft their own legal stories.

The Vanishing American Lawyer (Hardcover): Thomas D Morgan The Vanishing American Lawyer (Hardcover)
Thomas D Morgan
R2,969 Discovery Miles 29 690 Ships in 12 - 19 working days

Over 4,000 lawyers lost their positions at major American law firms in 2008 and 2009. In The Vanishing American Lawyer, Professor Thomas Morgan discusses the legal profession and the need for both law students and lawyers to adapt to the needs and expectations of clients in the future. The world needs people who understand institutions that create laws and how to access those institutions' works, but lawyers are no longer part of a profession that is uniquely qualified to advise on a broad range of distinctly legal questions. Clients will need advisors who are more specialized than many lawyers are today and who have more expertise in non-legal issues. Many of today's lawyers do not have a special ability to provide such services.
While American lawyers have been hesitant to change the ways they can improve upon meeting client needs, lawyers in other countries, notably Great Britain and Australia, have been better at adapting. Law schools must also recognize the world their students will face and prepare them to operate successfully within it. Professor Morgan warns that lawyers must adapt to new client needs and expectations. The term "professional" should be applied to individuals who deserve praise for skilled and selfless efforts, but this term may lead to occupational suicide if it becomes a justification for not seeing and adapting to the world ahead.

Client Care in Conveyancing (Paperback): Priscilla Sinder Client Care in Conveyancing (Paperback)
Priscilla Sinder
R1,803 Discovery Miles 18 030 Ships in 12 - 19 working days
Understanding the skills development act (Paperback, 2nd ed): S. Hammond Understanding the skills development act (Paperback, 2nd ed)
S. Hammond
R419 Discovery Miles 4 190 In Stock

Understanding the skills development act contains an accessible, non-legalistic commentary on the skills development act, which promotes the advancement of the skills of the South African workforce. The act is systematically covered with FAQs and key point summaries to aid understanding. The 2nd edition includes: Explanations of the major re-alignments of the legislation including extensions to the SETA landscape and National Skills Development Strategy (NSDS) III; Analysis of the current SETA regulations on mandatory and discretionary grants; The structures created by the National Qualifications Framework Act: SAQA, quality council for trade & occupations and National artisan moderation body; An explanation of the National Skills Authority role and potential developments to the SETA landscape and NSDS post March 2018.

Rules, Reasons, and Norms - Selected Essays (Hardcover): Philip Pettit Rules, Reasons, and Norms - Selected Essays (Hardcover)
Philip Pettit
R4,674 Discovery Miles 46 740 Ships in 12 - 19 working days

Philip Pettit has drawn together here a series of interconnected essays on three subjects to which he has made notable contributions. The first part of the book discusses the rule-following character of thought. The second considers how choice can be responsive to different sorts of factors, while still being under the control of thought and the reasons that thought marshals. The third examines the implications of this view of choice and rationality for the normative regulation of social behaviour.

Satellite-Based Earth Observation - Trends and Challenges for Economy and Society (Hardcover): Brunner Christian Brunner,... Satellite-Based Earth Observation - Trends and Challenges for Economy and Society (Hardcover)
Brunner Christian Brunner, Konigsberger Georg Konigsberger, Mayer Hannes Mayer
R5,618 Discovery Miles 56 180 Ships in 12 - 19 working days
Crofton's Prime Residential Almanac 2019 - The Luxury Property Industry Yearbook (Hardcover, 2019 ed.): Matt Crofton, Dan... Crofton's Prime Residential Almanac 2019 - The Luxury Property Industry Yearbook (Hardcover, 2019 ed.)
Matt Crofton, Dan Crofton
R4,300 Discovery Miles 43 000 Ships in 12 - 19 working days
Credit Where Credit Is Due - Respecting Authorship and Intellectual Property (Hardcover): Patricia Ann Mabrouk, Judith Currano Credit Where Credit Is Due - Respecting Authorship and Intellectual Property (Hardcover)
Patricia Ann Mabrouk, Judith Currano
R4,267 Discovery Miles 42 670 Ships in 12 - 19 working days

This volume is based on the symposium, "The Write Thing to Do: Ethical Considerations in Authorship & the Assignment of Credit," held at the 253rd National Meeting of the American Chemical Society in 2017. Both editors, serving on the ACS Committee on Ethics, felt that there was a need for more focused, in-depth resources on critical ethical issues, such as assignment of credit. Patricia Ann Mabrouk and Judith Currano then set a goal to develop a robust resource that explores the central issues from a variety of perspectives within the greater chemical community of practice encouraging a healthy discussion of the key issues related to assignment of credit including authorship, contributor-ship, inventorship, and copyright.

The Killing of Death - Denying the genocide against the Tutsi (Paperback): Roland Moerland The Killing of Death - Denying the genocide against the Tutsi (Paperback)
Roland Moerland
R2,868 Discovery Miles 28 680 Ships in 12 - 19 working days

This study deals with the phenomenon of genocide denialism, and in particular how it operates in the context of the genocide against the Tutsi. The term genocide denialism denotes that we are not dealing with a single act or type of (genocide) denial but with a more elaborate process of denial that involves a variety of denialist and denial-like acts that are part of the process of genocide. From this study it becomes clear that the process of genocide thrives on a more elaborate denial dynamic than recognized in expert literature until now. This study consists of three parts. The first theoretical part analyses what the elements of denial and genocide entail and how they are (inter)related. The exploration results in a typology of genocide denialism. This model clarifies the different functions denial performs throughout the process of genocide. It furthermore explains how actors engage in denial and on which rhetorical devices speech acts of denial rely. The second part of the study focuses on denial in practice and it analyses how denial operates in the particular case of the genocide against the Tutsi. The analysis reveals a complex denial dynamic: not only those who perpetrated the genocide are involved in its denial, but also certain Western scholars, journalists, lawyers, etc. The latter were originally not involved in the genocide but recycle (elements of) the denial discourse of the perpetrators. The study addresses the implications of such recycling and discusses whether these actors actually have become involved in the genocidal process. This sheds light on the complex relationship between genocide and denial. The insights gained throughout the first two parts of this study have significant implications for many other actors that through their actions engage with the flow of meaning concerning the specific events in Rwanda or genocide in general. The final part of this study critically reflects on the actions of a variety of actors and their significance in terms of genocide denialism. These actors include scholars from various fields, human rights organisations, the ICTR, and the government of Rwanda. On a more fundamental level this study critically highlights how the revisionist scientific climate, in which knowledge and truth claims are constantly questioned, is favourable to genocide denialism and how the post-modern turn in academia has exacerbated this climate. Ultimately, this study reveals that the phenomenon of genocide denial involves more than perpetrators denying their genocidal crimes and the scope of actors and actions relevant in terms of genocide denialism is much broader than generally assumed.

Diamond law - Change, trade and policy in context (Paperback): Portia F. Ndlovu Diamond law - Change, trade and policy in context (Paperback)
Portia F. Ndlovu
R1,307 R1,126 Discovery Miles 11 260 Save R181 (14%) Ships in 4 - 8 working days
The Justice of Islam - Comparative Perspectives on Islamic Law and Society (Hardcover): Lawrence Rosen The Justice of Islam - Comparative Perspectives on Islamic Law and Society (Hardcover)
Lawrence Rosen
R3,980 Discovery Miles 39 800 Ships in 12 - 19 working days

Twenty per cent of all the people in the world live under Islamic law. Going beyond steroetypes of rigid doctrine punishment the author explores the connections between everyday social life and contemporary Muslim ideas of justice and reason. Islamic law is thus seen as a kind of common law system closely attached to the cultural history of its adherents.

The 1972 World Heritage Convention - A Commentary (Hardcover): Francesco Francioni The 1972 World Heritage Convention - A Commentary (Hardcover)
Francesco Francioni; As told to Federico Lenzerini
R5,277 Discovery Miles 52 770 Ships in 12 - 19 working days

The World Heritage Convention (WHC) is the most comprehensive and widely ratified among UNESCO treaties on the protection of cultural and natural heritage. The Convention establishes a system of identification, presentation, and registration in an international List of cultural properties and natural sites of outstanding universal value. Throughout the years the WHC has progressively attained almost universal recognition by the international community, and even the International Criminal Tribunal for the Former Yugoslavia has recently considered sites inscribed in the World Heritage List as "values especially protection by the international community." Besides, the WHC has been used as a model for other legal instruments dealing with cultural heritage, like the recently adopted (2003) Convention on the Safeguarding of Intangible Cultural Heritage. During its more than 30 years of life, the Convention has undergone extensive interpretation and evolution in its scope of application. Operational Guidelines, which are the implementing rules governing the operation of the Convention, have been extensively revised. New institutions such as the World Heritage Centre, have been established. New links, with the World Bank and the United Nations, have developed to take into account the economic and political dimension of world heritage conservation and management. However, many legal issues remain to be clarified. For example, what is the meaning of "outstanding universal value" in the context of cultural and natural heritage? How far can we construe "universal value" in terms of representivity between the concept of "World Heritage" and the sovereignty of the territorial state? Should World Heritage reflect a reasonable balance between cultural properties and natural sites? Is consent of the territorial state required for the inscription of a World Heritage property in the List of World Heritage in Danger? What is the role of the World Heritage Centre in the management of the WHC? No comprehensive work has been produced so far to deal with these and many other issues that have arisen in the interpretation and application of the WHC. This Commentary is intended to fill this gap by providing article by article analysis, in the light of the practice of the World Heritage Committee, other relevant treaty bodies, as well as of State parties and in the hope that it may be of use to academics, lawyers, diplomats and officials involved in the management and conservation of cultural and natural heritage of international significance.

Investigating Misconduct And Incapacity (Paperback): M. Opperman Investigating Misconduct And Incapacity (Paperback)
M. Opperman
R874 R780 Discovery Miles 7 800 Save R94 (11%) Ships in 4 - 8 working days

Investigating Misconduct and Incapacity sets out practical steps to enable those initiating dispute procedures to compile and prepare relevant evidence for disciplinary enquiries and to structure that evidence for the best presentation of cases against offenders in the workplace.

Investigating Misconduct and Incapacity assists in properly conducting investigations and then interpreting the evidence discovered, collating the evidence effectively and presenting that evidence during the course of disciplinary hearings.

This book discusses the tools of discovery of evidence, offence categories for relevant charges and how to compile those charges. It describes various processes of collating the evidence into a comprehensible format and also addresses the prospects of legal intervention should the situation warrant it.

Public International Law - Contemporary Principles (Paperback, 2nd edition): Gideon Boas Public International Law - Contemporary Principles (Paperback, 2nd edition)
Gideon Boas
R1,366 Discovery Miles 13 660 Ships in 12 - 19 working days

The second edition of this concise and well-loved textbook has been enhanced and developed while continuing to offer a fresh and accessible approach to international law, providing students with a uniquely holistic understanding of the field. Starting with the legal principles that underpin each strand of international law, and putting this into a real-life context, this textbook builds an understanding of how the international legal system operates and where it is heading. It guides readers through the theoretical foundations and development of international law norms, while also explaining clearly how the law works in practice. Key Features: Further reading and discussion topics for each chapter A focus on legal theory and how it intersects with the practice of international law A new chapter providing an extensive and up-to-date explanation of the specialised areas of international law An integrated and contextual examination of the political and extra-legal dimensions of the international legal system The latest treaties, case studies and analysis, including critical current issues such as the COVID-19 pandemic and global health, and climate change Taking into account the burgeoning literature, cases and legislative developments in public international law in the decade since its first publication, this edition offers new tools to help students embed their understanding, as well as new material on specialised areas of international law. This book is the perfect companion for students to learn international law in context, and for practitioners who want a firm theoretical foundation on which to base their practice.

European Migration Law (Paperback, 2nd Revised edition): Pieter Boeles, Maarten Den Heijer European Migration Law (Paperback, 2nd Revised edition)
Pieter Boeles, Maarten Den Heijer
R3,036 Discovery Miles 30 360 Ships in 12 - 19 working days

This book provides an overview of the state of EU migration law in 2014. It explores the meaning of EU legislation on migration in the light of fundamental rights and principles of Union law as explained in leading case-law of the European courts. It is especially aimed at students, but may likewise be useful for practitioners, policy makers or others interested in the legal foundations of migration in Europe. Today's Union law contains a comprehensive and almost all-encompassing migration law system. It governs both voluntary and forced migration. It controls entry, residence and return. It covers both Union citizens and third-country nationals. Though there are fields not affected by Union law and left to the Member States, the overall picture drawn by the existing EU instruments is fairly complete. The book purports to present as lucidly as possible, in one framework, the different regimes as they pertain to the free movement of Union citizens, the association agreement with Turkey, the migration of third country nationals for reasons of work, study, family reunification and asylum, the regulation of movement of third country nationals to, from and within the Schengen area, and instruments to control migration. This second edition is written by the same authors who wrote the first edition. Pieter Boeles, Emeritus Professor of Migration law at the University of Leiden, is now Visiting Professor at VU University Amsterdam; Maarten den Heijer is Assistant Professor of International Law at the Amsterdam Center for International Law (University of Amsterdam); Gerrie Lodder is Senior Lecturer in Immigration Law at the University of Leiden and Kees Wouters is Senior Refugee Law adviser at the Division of International Protection of UNHCR in Geneva.

Contract Law - A Comparative Introduction (Paperback, 3rd edition): Jan M. Smits Contract Law - A Comparative Introduction (Paperback, 3rd edition)
Jan M. Smits
R1,235 Discovery Miles 12 350 Ships in 12 - 19 working days

Reflecting the most recent changes in the law, the third edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits' unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. He puts contract law in context by discussing empirical and economic insights. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts. Key features of the third edition include: Introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract law Draws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law, making this an ideal textbook for students across Europe and beyond Focuses on legal method as well as substantive law Attractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information. With its innovative approach and engaging design, this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions.

Realising the Right to Basic Education: The Role of the Courts and Civil Society (Paperback): Faranaaz Veriava Realising the Right to Basic Education: The Role of the Courts and Civil Society (Paperback)
Faranaaz Veriava
R464 Discovery Miles 4 640 Ships in 4 - 8 working days

Realising the Right to Basic Education examines the crucial roles of civil society and the courts in developing the right to education in South Africa amid substantial and persistent inequalities in education provisioning. Unlike other socio-economic rights in the Constitution, the right to basic education is framed as an unqualified right - it is not subject to qualifiers such as 'progressive realisation' and 'within the state's available resources'. Yet, two and a half decades into South Africa's constitutional democracy, the apartheid legacy of unequal education still lingers. Poor, predominantly black learners continue to attend historically disadvantaged schools that are often severely under-resourced, producing poor learner outcomes. This has given rise to a wave of civil society activism since around 2008 - and organisations have been utilising legal mobilisation as a key tool to effect change in historically disadvantaged schools. The litigation initiated by these organisations has contributed to a rich and evolving jurisprudence on the right to basic education as a substantive right. However, in a significant number of these cases, the relevant education departments have not complied with court orders, requiring litigants to seek increasingly innovative, experimentalist and even coercive remedies to ensure that judgments are implemented. Realising the Right to Basic Education presents an overview of these education-provisioning cases and the roles played by civil society and the courts. It analyses the contribution of these two role-players in the normative development of the right to basic education. The book also aims to identify a viable framework for interpreting the right to basic education - one that can guide South Africa towards adequate education provisioning and, ultimately, facilitate transformation of basic education in South Africa's historically disadvantaged schools.

Collected Documents of the G77 South-South Volume 2 (Hardcover, New): Mourad Ahmia Collected Documents of the G77 South-South Volume 2 (Hardcover, New)
Mourad Ahmia
R6,073 Discovery Miles 60 730 Ships in 12 - 19 working days

The material compiled in this volume brings together an edition of intergovernmental documents that survey the rationale for South-South cooperation, its scope, modalities, and strategic role and support mechanisms with the means of implementation as articulated in various outcome documents issued by the Group of 77 since its establishment in 1964.
This volume, which is intended to bring the Group's activities to a wider audience, is divided into the following chapters:
Chapter I provides an overview of the major documents related to the genesis of the Group of 77. Chapter II contains the final agreements and outcomes of major meetings of the Group of 77 on Economic Cooperation among Developing Countries (ECDC). Chapter III presents the final documents of the sessions of the Intergovernmental Follow up and Coordination Committee on Economic Cooperation among Developing Countries (IFCC) held within the framework of the Caracas Programme of Action on Economic Cooperation among Developing Countries. Chapter IV consists of final reports of the G-77 Sectoral Review Meetings in various fields of cooperation. Chapters V and VI focus on two major mechanisms of South-South cooperation, namely the Global System of Trade Preferences among Developing Countries (GSTP) and the Perez-Guerrero Trust Fund on Economic and Technical Cooperation among Developing Countries (PGTF). Finally, chapter VII draws excerpts on South-South cooperation from the outcome documents of the G-77 South Summits, Ministerial Meetings, and Chapters' Meetings, including the draft resolutions and decisions submitted by the Group of 77 in the General Assembly of the United Nations.
Two annexes are included: Annex Ipertains to the chronology of meetings of the Group of 77 on South-South cooperation covered in this volume, while Annex II lists the Member States of the Group of 77 as of June 2007.

The Law Of Landlord And Tenant (Paperback): Sue-Mari Viljoen The Law Of Landlord And Tenant (Paperback)
Sue-Mari Viljoen
R1,328 R1,143 Discovery Miles 11 430 Save R185 (14%) Ships in 4 - 8 working days

The Law of Landlord and Tenant revisits the law of landlord and tenant in light of the constitutional context to determine how this area of law has developed, especially since the pre-1994 era, to further constitutional goals.

The purpose of the volume is to place legislation, case law, academic analysis and policy considerations in the context of the constitutional framework within which private law rights are acquired, exercised and transferred or lost, but also add to existing academic commentary some sections of foreign law where the comparison might provide insight to the South African landlord-tenant context.

Emerging Technologies - Ethics, Law and Governance (Hardcover, New Ed): Gary E Marchant, Wendell Wallach Emerging Technologies - Ethics, Law and Governance (Hardcover, New Ed)
Gary E Marchant, Wendell Wallach
R9,928 Discovery Miles 99 280 Ships in 12 - 19 working days

Emerging technologies present a challenging but fascinating set of ethical, legal and regulatory issues. The articles selected for this volume provide a broad overview of the most influential historical and current thinking in this area and show that existing frameworks are often inadequate to address new technologies - such as biotechnology, nanotechnology, synthetic biology and robotics - and innovative new models are needed. This collection brings together invaluable, innovative and often complementary approaches for overcoming the unique challenges of emerging technology ethics and governance.

Routledge Library Editions: Domestic Abuse (Hardcover): Various Routledge Library Editions: Domestic Abuse (Hardcover)
Various
R15,300 Discovery Miles 153 000 Ships in 12 - 19 working days

This set of 7 volumes, originally published between 1984 and 1998, provides illuminating and practical information on Domestic Abuse. Aimed at both students and practitioners across a range of disciplines, the volumes explore topics including, provision of services for domestic abuse victims, the law, homelessness, advice for those coming into contact with violence and victims of abuse, public policy and the experience of domestic abuse victims themselves.

Post-Conflict Peacebuilding and Natural Resource Management - Six volume set (Paperback, New): Carl Bruch, David Jensen,... Post-Conflict Peacebuilding and Natural Resource Management - Six volume set (Paperback, New)
Carl Bruch, David Jensen, Mikiyasu Nakayama, Jon Unruh
R11,665 Discovery Miles 116 650 Ships in 12 - 19 working days

Post-conflict peacebuilding efforts can fail if they do not pay sufficient attention to natural resources. Natural resources - diamonds, oil, and minerals - are frequently at the heart of historic grievances, and have caused or funded at least eighteen conflicts since 1990. The same resources can play a central role in post-conflict peacebuilding, providing revenue for cash-starved governments, basic services for collapsed economies, and means for restoring livelihoods. To date, there is a striking gap in knowledge of what works, what does not, and how to improve peacebuilding through more effective and systematic management of natural resources. Post-Conflict Peacebuilding and Natural Resource Management addresses this gap by examining the growing literature on the topic and surveying experiences across more than forty post-conflict countries. The six-volume series includes more than 130 chapters from over 200 researchers, practitioners, and policymakers.

Legal Reasoning and Political Conflict (Hardcover): Cass R. Sunstein Legal Reasoning and Political Conflict (Hardcover)
Cass R. Sunstein
R911 Discovery Miles 9 110 Ships in 12 - 19 working days

The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political Conflict, 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 resolving particular cases without taking sides in broader, more abstract conflicts.
Sunstein offers a close analysis of the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork (who champions the original understanding of the Constitution) to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law.
Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: the legislatures elected by the people.

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