Abstract

http://ssrn.com/abstract=957369
 
 

Citations (7)



 
 

Footnotes (26)



 


 



Incompletely Theorized Agreements in Constitutional Law


Cass R. Sunstein


Harvard Law School


Social Research, Forthcoming
U of Chicago Law & Economics, Olin Working Paper No. 322
U of Chicago, Public Law Working Paper No. 147

Abstract:     
How is constitutionalism possible, when people disagree on so many questions about what is good and what is right? This essay, written for a special issue of Social Research on Difficult Decisions, explores the role of two kinds of incompletely theorized agreements amidst sharp disagreements about the largest issues in social life. The first consist of agreements on abstract formulations (freedom of speech, equality under the law); these agreements are crucial to constitution-making as a social practice. The second consist of agreements on particular doctrines and practices; these agreements are crucial to life and law under existing constitutions. Incompletely theorized agreements help illuminate an enduring constitutional puzzle: how members of diverse societies can work together on terms of mutual respect amidst intense disagreements about both the right and the good. Such agreements help make constitutions and constitutional law possible, even within nations whose citizens cannot concur on the most fundamental matters.

Number of Pages in PDF File: 26

Accepted Paper Series





Download This Paper

Date posted: January 18, 2007  

Suggested Citation

Sunstein, Cass R., Incompletely Theorized Agreements in Constitutional Law. Social Research, Forthcoming; U of Chicago Law & Economics, Olin Working Paper No. 322; U of Chicago, Public Law Working Paper No. 147. Available at SSRN: http://ssrn.com/abstract=957369

Contact Information

Cass R. Sunstein (Contact Author)
Harvard Law School ( email )
1575 Massachusetts Ave
Areeda Hall 225
Cambridge, MA 02138
United States
617-496-2291 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 4,988
Downloads: 1,113
Download Rank: 9,602
Citations:  7
Footnotes:  26

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.328 seconds