Faculty Book Talk: Cass Sunstein’s “Constitutional Personae,” Wed. March 30, at noon

Faculty Book Talk: Cass Sunstein’s “Constitutional Personae,” Wed. March 30, at noon

The Harvard Law School Library staff invite you to attend a book talk and panel discussion in celebration of Professor Cass Sunstein’s recently published book, Constitutional Personae: Heroes, Soldiers, Minimalists, and Mutes (Oxford Univ. Press).

Wednesday, March 30, 2016 at noon, with lunch
Harvard Law School Room WCC 2019 Milstein West A/B (Directions)
1585 Massachusetts Ave., Cambridge

poster constitutional personae

Cass R. Sunstein is currently the Robert Walmsley University Professor at Harvard. From 2009 to 2012, he was Administrator of the White House Office of Information and Regulatory Affairs. He is the founder and director of the Program on Behavioral Economics and Public Policy at Harvard Law School. Mr. Sunstein has testified before congressional committees on many subjects, and he has been involved in constitution-making and law reform activities in a number of nations.

Mr. Sunstein is author of many articles and books, including Republic.com (2001), Risk and Reason (2002), Why Societies Need Dissent (2003), The Second Bill of Rights (2004), Laws of Fear: Beyond the Precautionary Principle (2005), Worst-Case Scenarios (2001), Nudge: Improving Decisions about Health, Wealth, and Happiness (with Richard H. Thaler, 2008), Simpler: The Future of Government (2013) and most recently Why Nudge? (2014), Conspiracy Theories and Other Dangerous Ideas (2014), Choosing Not to Choose: Understanding the Value of Choice (2015), and The World According to Star Wars (2016). He is now working on group decisionmaking and various projects on the idea of liberty.

“Since America’s founding, the U.S. Supreme Court had issued a vast number of decisions on a staggeringly wide variety of subjects. And hundreds of judges have occupied the bench. Yet as Cass R. Sunstein, the eminent legal scholar and bestselling co-author of Nudge, points out, almost every one of the Justices fits into a very small number of types regardless of ideology: the hero, the soldier, the minimalist, and the mute.

Heroes are willing to invoke the Constitution to invalidate state laws, federal legislation, and prior Court decisions. They loudly embrace first principles and are prone to flair, employing dramatic language to fundamentally reshape the law. Soldiers, on the other hand, are skeptical of judicial power, and typically defer to decisions made by the political branches. Minimalists favor small steps and only incremental change. They worry that bold reversals of long-established traditions may be counterproductive, producing a backlash that only leads to another reversal. Mutes would rather say nothing at all about the big constitutional issues, and instead tend to decide cases on narrow grounds or keep controversial cases out of the Court altogether by denying standing.

As Sunstein shows, many of the most important constitutional debates are in fact contests between the four Personae. Whether the issue involves slavery, gender equality, same-sex marriage, executive power, surveillance, or freedom of speech, debates have turned on choices made among the four Personae–choices that derive as much from psychology as constitutional theory. Sunstein himself defends a form of minimalism, arguing that it is the best approach in a self-governing society of free people. More broadly, he casts a genuinely novel light on longstanding disputes over the proper way to interpret the constitution, demonstrating that behind virtually every decision and beneath all of the abstract theory lurk the four Personae. By emphasizing the centrality of character types, Sunstein forces us to rethink everything we know about how the Supreme Court works.” — Oxford University Press

Panelists:

Martha Minow

 

 

 

Martha Minow, Morgan and Helen Chu Dean and Professor of Law

 

Mark Tushnet

 

 

 

Mark Tushnet, William Nelson Cromwell Professor of Law

 

 

Adrian Vermeule

 

 

 

Adrian Vermeule, John H. Watson, Jr. Professor of Law

 

More about Constitutional Personae: Heroes, Soldiers, Minimalists, and Mutes

“Cass Sunstein provides an enlightening look at the different ways to approach the Constitution. In doing so, he transcends ideology and helps us appreciate different perspectives. He also shows the virtue of his own favorite approach, that of minimalism, which seeks to respect traditions and long-settled practices.” — Walter Isaacson, President and CEO of the Aspen Institute, and author of The Innovators

“In this remarkable addition to Oxford University Press’ ‘Inalienable Rights’ series on the American Constitution, Cass Sunstein persuasively speaks not to theories of constitutional interpretation, but to four archetypical judicial personalities reflected in opinion-writing, and in doing so he opens up an imaginative new perspective for appreciating our constitutional history.” — Peter L. Strauss, Betts Professor of Law, Columbia Law School

“In Constitutional Personae, Cass Sunstein analyzes judicial review in the United States in terms of four personalities or archetypes. He shows how this model illuminates a wide range of questions, and he offers a subtle restatement and defense of his favorite persona, the constitutional minimalist. Filled to the brim with insights, this is a splendid and imaginative contribution to constitutional theory.” — Jack Balkin, Knight Professor of Constitutional Law, Yale Law School

“A novel approach…carefully reasoned and clearly explained, Sunstein’s approach offers a more insightful way of analyzing the positions of individual justices than resorting to simplistic ideologies.” – – Kirkus Reviews

“[A] valuable study of the different approaches that Supreme Court justices take in deciding cases…Given the significance of recent Supreme Court decisions on such issues as campaign finance, health care coverage, and marriage equality, Sunstein has performed a public service by enabling a better comprehension of how these judgments are reached.” — Publishers Weekly

Constitutional Personae has all sorts of treasures in it. Its classifications are illuminating.” — The New York Review of Books

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