Judicial Minimalism – For and Against

Proceedings of the 9th Kobe Lectures. Tokyo, Nagoya, and Kyoto, June 2008

edited by Yasutomo Morigiwa and Hirohide Takikawa

Book cover: Judicial Minimalism – For and Against

Extent: 99 pages

Publisher: Franz Steiner Verlag

Subjects: Law, Philosophy

Series: Archiv fur Rechts- und Sozialphilosophie - Beihefte

Series volume number: 132

Language: English

Paperback (Published)

(October 2012)

ISBN: 9783515101363

6.65 x 9.45 inches

Price: $48.00

In stock

In his Kobe Lecture, Cass Sunstein reflects upon his judicial minimalism, a doctrine asserting that the proper role of the judiciary is to go “narrow and shallow,” collectively making minimal changes to its jurisprudence. He goes “beyond judicial minimalism” by reflecting on the goal and conditions that make the minimalist strategy reasonable, culminating in the conclusion that there are situations when a different strategy is more efficient. Ten commentators carefully examine Sunstein’s legal theory, especially his arguments for and against judicial minimalism. Sunstein himself replies to the comments by appealing to the notion of fallibility. This book attempts to evaluate the pros and cons of judicial minimalism as an important strategy for legal interpretation.

  • Edited by Yasutomo Morigiwa
  • Edited by Hirohide Takikawa