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The bestselling author of Simpler offers a powerful, provocative, and convincing argument for protecting people from their own mistakes Based on a series of pathbreaking lectures given at Yale University in 2012, this powerful, thought-provoking work by national best-selling author Cass R. Sunstein combines legal theory with behavioral economics to make a fresh argument about the legitimate scope of government, bearing on obesity, smoking, distracted driving, health care, food safety, and other highly volatile, high-profile public issues. Behavioral economists have established that people often make decisions that run counter to their best interests—producing what Sunstein describes as “behavioral market failures.” Sometimes we disregard the long term; sometimes we are unrealistically optimistic; sometimes we do not see what is in front of us. With this evidence in mind, Sunstein argues for a new form of paternalism, one that protects people against serious errors but also recognizes the risk of government overreaching and usually preserves freedom of choice. Against those who reject paternalism of any kind, Sunstein shows that “choice architecture”—government-imposed structures that affect our choices—is inevitable, and hence that a form of paternalism cannot be avoided. He urges that there are profoundly moral reasons to ensure that choice architecture is helpful rather than harmful—and that it makes people’s lives better and longer.

Bestselling author Cass R. Sunstein reveals the appeal and the danger of conformity We live in an era of tribalism, polarization, and intense social division―separating people along lines of religion, political conviction, race, ethnicity, and sometimes gender. How did this happen? In Conformity, Cass R. Sunstein argues that the key to making sense of living in this fractured world lies in understanding the idea of conformity―what it is and how it works―as well as the countervailing force of dissent. An understanding of conformity sheds new light on many issues confronting us today: the role of social media, the rise of fake news, the growth of authoritarianism, the success of Donald Trump, the functions of free speech, debates over immigration and the Supreme Court, and much more. Lacking information of our own and seeking the good opinion of others, we often follow the crowd, but Sunstein shows that when individuals suppress their own instincts about what is true and what is right, it can lead to significant social harm. While dissenters tend to be seen as selfish individualists, dissent is actually an important means of correcting the natural human tendency toward conformity and has enormous social benefits in reducing extremism, encouraging critical thinking, and protecting freedom itself. Sunstein concludes that while much of the time it is in the individual’s interest to follow the crowd, it is in the social interest for individuals to say and do what they think is best. A well-functioning democracy depends on it.

The White House Office of Information and Regulatory Affairs (OIRA) is the United States’s regulatory overseer. In Valuing Life, Cass R. Sunstein draws on his firsthand experience as the Administrator of OIRA from 2009 to 2012 to argue that we can humanize regulation―and save lives in the process. As OIRA Administrator, Sunstein helped oversee regulation in a broad variety of areas, including highway safety, health care, homeland security, immigration, energy, environmental protection, and education. This background allows him to describe OIRA and how it works―and how it can work better―from an on-the-ground perspective. Using real-world examples, many of them drawn from today’s headlines, Sunstein makes a compelling case for improving cost-benefit analysis, a longtime cornerstone of regulatory decision-making, and for taking account of variables that are hard to quantify, such as dignity and personal privacy. He also shows how regulatory decisions about health, safety, and life itself can benefit from taking into account behavioral and psychological research, including new findings about what scares us, and what does not. By better accounting for people’s fallibility, Sunstein argues, we can create regulation that is simultaneously more human and more likely to achieve its goals. In this highly readable synthesis of insights from law, policy, economics, and psychology, Sunstein breaks down the intricacies of the regulatory system and offers a new way of thinking about regulation that incorporates human dignity– and an insistent focus on the consequences of our choices.

In this timely book, Cass R. Sunstein shows that organizations and nations are far more likely to prosper if they welcome dissent and promote openness. Attacking "political correctness" in all forms, Sunstein demonstrates that corporations, legislatures, even presidents are likely to blunder if they do not cultivate a culture of candor and disclosure. He shows that unjustified extremism, including violence and terrorism, often results from failure to tolerate dissenting views. The tragedy is that blunders and cruelties could be avoided if people spoke out. Sunstein casts new light on freedom of speech, showing that a free society not only forbids censorship but also provides public spaces for dissenters to expose widely held myths and pervasive injustices. He provides evidence about the effects of conformity and dissent on the federal courts. The evidence shows not only that Republican appointees vote differently from Democratic appointees but also that both Republican and Democratic judges are likely to go to extremes if unchecked by opposing views. Understanding the need for dissent illuminates countless social debates, including those over affirmative action in higher education, because diversity is indispensable to learning.Dissenters are often portrayed as selfish and disloyal, but Sunstein shows that those who reject pressures imposed by others perform valuable social functions, often at their own expense. This is true for dissenters in boardrooms, churches, unions, and academia. It is true for dissenters in the White House, Congress, and the Supreme Court. And it is true during times of war and peace.

When the noted political philosopher Iris Marion Young died in 2006, her death was mourned as the passing of "one of the most important political philosophers of the past quarter-century" (Cass Sunstein) and as an important and innovative thinker working at the conjunction of a number of important topics: global justice; democracy and difference; continental political theory; ethics and international affairs; and gender, race and public policy. In her long-awaited Responsibility for Justice, Young discusses our responsibilities to address "structural" injustices in which we among many are implicated (but for which we not to blame), often by virtue of participating in a market, such as buying goods produced in sweatshops, or participating in booming housing markets that leave many homeless. Young argues that addressing these structural injustices requires a new model of responsibility, which she calls the "social connection" model. She develops this idea by clarifying the nature of structural injustice; developing the notion of political responsibility for injustice and how it differs from older ideas of blame and guilt; and finally how we can then use this model to describe our responsibilities to others no matter who we are and where we live. With a foreward by Martha C. Nussbaum, this last statement by a revered and highly influential thinker will be of great interest to political theorists and philosophers, ethicists, and feminist and political philosophers.

What happens to democracy and free speech if people use the Internet to listen and speak only to the like-minded? What is the benefit of the Internet's unlimited choices if citizens narrowly filter the information they receive? Cass Sunstein first asked these questions in 2001's Republic.com. Now, in Republic.com 2.0, Sunstein thoroughly rethinks the critical relationship between democracy and the Internet in a world where partisan Weblogs have emerged as a significant political force.Republic.com 2.0 highlights new research on how people are using the Internet, especially the blogosphere. Sunstein warns against "information cocoons" and "echo chambers," wherein people avoid the news and opinions that they don't want to hear. He also demonstrates the need to regulate the innumerable choices made possible by technology. His proposed remedies and reforms emphasize what consumers and producers can do to help avoid the perils, and realize the promise, of the Internet.

“Sometimes ideas change the world. This astonishing, miraculous, shattering, inspiring book captures the origins and the arc of the movement for sex equality. It’s a book whose time has come―always, but perhaps now more than ever.”―Cass Sunstein, coauthor of NudgeUnder certain conditions, small simple actions can produce large and complex “butterfly effects.” Butterfly Politics shows how Catharine A. MacKinnon turned discrimination law into an effective tool against sexual abuse―grounding and predicting the worldwide #MeToo movement―and proposes concrete steps that could have further butterfly effects on women’s rights. Thirty years after she won the U.S. Supreme Court case establishing sexual harassment as illegal, this timely collection of her previously unpublished interventions on consent, rape, and the politics of gender equality captures in action the creative and transformative activism of an icon.“MacKinnon adapts a concept from chaos theory in which the tiny motion of a butterfly’s wings can trigger a tornado half a world away. Under the right conditions, she posits, small actions can produce major social transformations.”―New York Times“MacKinnon [is] radical, passionate, incorruptible and a beautiful literary stylist... Butterfly Politics is a devastating salvo fired in the gender wars... This book has a single overriding aim: to effect global change in the pursuit of equality.”―The Australian“Sexual Harassment of Working Women was a revelation. It showed how this anti-discrimination law―Title VII―could be used as a tool... It was the beginning of a field that didn’t exist until then.”―U.S. Supreme Court Justice Ruth Bader Ginsburg

Nuclear bombs in suitcases, anthrax bacilli in ventilators, tsunamis and meteors, avian flu, scorchingly hot temperatures: nightmares that were once the plot of Hollywood movies are now frighteningly real possibilities. How can we steer a path between willful inaction and reckless overreaction?Cass Sunstein explores these and other worst-case scenarios and how we might best prevent them in this vivid, illuminating, and highly original analysis. Singling out the problems of terrorism and climate change, Sunstein explores our susceptibility to two opposite and unhelpful reactions: panic and utter neglect. He shows how private individuals and public officials might best respond to low-probability risks of disaster―emphasizing the need to know what we will lose from precautions as well as from inaction. Finally, he offers an understanding of the uses and limits of cost–benefit analysis, especially when current generations are imposing risks on future generations.Throughout, Sunstein uses climate change as a defining case, because it dramatically illustrates the underlying principles. But he also discusses terrorism, depletion of the ozone layer, genetic modification of food, hurricanes, and worst-case scenarios faced in our ordinary lives. Sunstein concludes that if we can avoid the twin dangers of overreaction and apathy, we will be able to ameliorate if not avoid future catastrophes, retaining our sanity as well as scarce resources that can be devoted to more constructive ends.

Freedom of speech is one of our greatest legal rights and Cass Sunstein is one of our greatest legal theorists. This book is a must read for anyone who wants to think seriously about the free speech issues facing this generation.-- Akhil Amar, Southmayd Professor, Yale Law SchoolThis is an important book. Beautifully clear and carefully argued, Sunstein's contribution reaches well beyond the confines of academic debate. It will be of interest to any citizen concerned about freedom of speech and the current state of American democracy.-- Joshua Cohen, Massachusetts Institute of TechnologyHow can our constitutional protection of free speech serve to strengthen democracy? Cass Sunstein challenges conventional answers with a remarkable array of lucid arguments and legal examples. There is no better book on the subject.-- Amy Gutmann, Laurance S. Rockefeller University Professor, Princeton University

This book is about the complex relationship between fear, danger, and the law. Cass Sunstein argues that the precautionary principle is incoherent and potentially paralyzing, as risks exist on all sides of social situations and there is no 'general' precautionary principle as such. His insight into The Laws of Fear represents a major statement for the contemporary world from one of the most influential political and legal theorists writing today.

When the noted political philosopher Iris Marion Young died in 2006, her death was mourned as the passing of "one of the most important political philosophers of the past quarter-century" (Cass Sunstein) and as an important and innovative thinker working at the conjunction of a number of important topics: global justice; democracy and difference; continental political theory; ethics and international affairs; and gender, race and public policy. In her long-awaited Responsibility for Justice, Young discusses our responsibilities to address "structural" injustices in which we among many are implicated (but for which we not to blame), often by virtue of participating in a market, such as buying goods produced in sweatshops, or participating in booming housing markets that leave many homeless. Young argues that addressing these structural injustices requires a new model of responsibility, which she calls the "social connection" model. She develops this idea by clarifying the nature of structural injustice; developing the notion of political responsibility for injustice and how it differs from older ideas of blame and guilt; and finally how we can then use this model to describe our responsibilities to others no matter who we are and where we live. With a foreward by Martha C. Nussbaum, this last statement by a revered and highly influential thinker will be of great interest to political theorists and philosophers, ethicists, and feminist and political philosophers.

When the noted political philosopher Iris Marion Young died in 2006, her death was mourned as the passing of "one of the most important political philosophers of the past quarter-century" (Cass Sunstein) and as an important and innovative thinker working at the conjunction of a number of important topics: global justice; democracy and difference; continental political theory; ethics and international affairs; and gender, race and public policy. In her long-awaited Responsibility for Justice, Young discusses our responsibilities to address "structural" injustices in which we among many are implicated (but for which we not to blame), often by virtue of participating in a market, such as buying goods produced in sweatshops, or participating in booming housing markets that leave many homeless. Young argues that addressing these structural injustices requires a new model of responsibility, which she calls the "social connection" model. She develops this idea by clarifying the nature of structural injustice; developing the notion of political responsibility for injustice and how it differs from older ideas of blame and guilt; and finally how we can then use this model to describe our responsibilities to others no matter who we are and where we live. With a foreward by Martha C. Nussbaum, this last statement by a revered and highly influential thinker will be of great interest to political theorists and philosophers, ethicists, and feminist and political philosophers.