Cass Sunstein on Judicial Minimalism, the Supreme Court, and Star Wars (Live at Mason)

Conversations with Tyler

Society & Culture, Education

4.8 • 2.4K Ratings

🗓️ 22 June 2016

⏱️ 77 minutes

🔗️ Recording | iTunes | RSS

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Summary

Cass Sunstein joins Tyler Cowen for a conversation on judicial minimalism, Bob Dylan’s best album, the metaphysics of nudging, Byatt's Possession, the ideal size of the Supreme Court, Hayek, why people should choose their own path, the benefits of a banned products store, James Joyce, and, oh yeah, Star Wars.

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Transcript

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0:00.0	Conversations with Tyler is produced by the Mercatus Center at George Mason University,
0:08.3	bridging the gap between academic ideas and real-world problems.
0:12.5	Learn more at mercatis.org.
0:15.2	And for more conversations, including videos, transcripts, and upcoming dates, visit
0:20.4	ConversationsWithT Tyler.com.
0:30.0	The force is strong with this one.
0:32.9	Castes by far the most widely cited legal scholar of his generation.
0:37.9	His older book Nudge and his new book on Star Wars are both best sellers.
0:42.8	And he was head of O'Wire under President Obama from 2009 to 2013.
0:48.7	Powerful.
0:49.5	You have become.
0:51.0	So tonight I'd like to start with a survey of castes thought.
0:55.3	We're going to look at legal theory and then go in Nudge and then consider
0:59.7	Star Wars, how it all ties together, and then we're going to talk about everything.
1:04.2	So let's start with your legal theory.
1:06.0	If I think of Richard Epstein, I think of classical liberalism, some mix of rights and
1:10.8	utilitarian reasoning.
1:12.2	If I think of Dick Posner, I think of pragmatism mixed with law and economics.
1:16.5	If I think of Dworkin, it's legal interpretivism.
1:19.7	If it's Cass Sunstein, your legal theory in a nutshell, how should I characterize you?
1:25.0	Well I think I'd use three words, incompletely theorized agreements.
1:30.9	And I don't think anyone's ever marched under a banner with those three words on it.
	...

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