Evidence receipt / disagreement
Published · transcript-backedCass 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.”
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?…
Stored transcript either side of the excerpt. The highlighted words are the published quote; the surrounding text is unedited source, never generated.