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Published · transcript-backed

Cass Sunstein: disagreement

22 Jun 2016 Conversations with Tyler Cass Sunstein on Judicial Minimalism, the Supreme Court, and Star Wars (Live at Mason)

“Where we disagree, if we do — I think we probably do — is that I am more concerned about the need for stable rules that discipline judicial authority, even if it would be exercised wisely by some judges.”

— Cass Sunstein

Source trail

Everything needed to verify it.

Speaker
Cass Sunstein
Attribution
Verified speaker
Claim type
disagreement
Recorded
22 Jun 2016
Publisher
Conversations with Tyler

Transcript context

…Sure, but he’s moved away from that. Yeah, and I would consider that too sectarian a view. I think his view of judicial authority is a little too free-floating for me. Where we disagree, if we do — I think we probably do — is that I am more concerned about the need for stable rules that discipline judicial authority, even if it would be exercised wisely by some judges. And Judge Posner, I think, is a superb judge whose judgement in particular cases is often excellent. But it doesn’t have a kind of rule-following character on some occasions that I think for most judges is a very important safeguard against the willful exercise of discretion. Now let’s go to your famous work on Nudge with Dick Thaler. And nudge is not direct physical violence — it’s nudge, right? Is that just a direct outgrowth of judicial minimalism but applied to regulatory policy — that here’s what we ought to all be able to agree upon without much in the way of metaphysical commitment, so it’s all one big picture — or not?…

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