New Releases by Cass R. Sunstein

Nel 2009 Barack Obama ha chiesto a Cass R. Sunstein di smontare i meccanismi del potere tradizionale e di ristrutturare da cima a fondo le regole dell’amministrazione americana. Sunstein ha accettato, e in questo libro ci racconta i suoi tre anni da “zar della regolazione”. “Cass R. Sunstein. L’uomo più pericoloso d’America.” Glenn Beck, Fox News Channel

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.

Many of us are being misled. Claiming to know dark secrets about public officials, hidden causes of the current economic situation, and nefarious plans and plots, those who spread rumors know precisely what they are doing. And in the era of social media and the Internet, they know a lot about how to manipulate the mechanics of false rumors—social cascades, group polarization, and biased assimilation. They also know that the presumed correctives—publishing balanced information, issuing corrections, and trusting the marketplace of ideas—do not always work. All of us are vulnerable. In On Rumors, Cass Sunstein uses examples from the real world and from behavioral studies to explain why certain rumors spread like wildfire, what their consequences are, and what we can do to avoid being misled. In a new afterword, he revisits his arguments in light of his time working in the Obama administration.

Simpler government arrived four years ago. It helped put money in your pocket. It saved hours of your time. It improved your children’s diet, lengthened your life span, and benefited businesses large and small. It did so by issuing fewer regulations, by insisting on smarter regulations, and by eliminating or improving old regulations. Cass R. Sunstein, as administrator of the most powerful White House office you’ve never heard of, oversaw it and explains how it works, why government will never be the same again (thank goodness), and what must happen in the future. Cutting-edge research in behavioral economics has influenced business and politics. Long at the forefront of that research, Sunstein, for three years President Obama’s “regulatory czar” heading the White House Office of Information and Regulatory Affairs, oversaw a far-reaching restructuring of America’s regulatory state. In this highly anticipated book, Sunstein pulls back the curtain to show what was done, why Americans are better off as a result, and what the future has in store. The evidence is all around you, and more is coming soon. Simplified mortgages and student loan applications. Scorecards for colleges and universities. Improved labeling of food and energy-efficient appliances and cars. Calories printed on chain restaurant menus. Healthier food in public schools. Backed by historic executive orders ensuring transparency and accountability, simpler government can be found in new initiatives that save money and time, improve health, and lengthen lives. Simpler: The Future of Government will transform what you think government can and should accomplish.

To "fight for your rights," or anyone else''s, is not just to debate principles but to haggle over budgets. The simple insight that all legally enforceable rights cost money reminds us that freedom is not violated by a government that taxes and spends, but requires it—and requires a citizenry vigilant about how money is allocated. Drawing from these practical, commonsense notions, The Cost of Rights provides a useful corrective to the all-or-nothing feel of much political debate nowadays (The Economist).

Cómo se difunden falsedades en la era de Internet, por qué nos las creemos y qué se puede hacer. ¿Por qué los seres humanos aceptan los rumores, incluso si son falsos, destructivos o estrambóticos? ¿Por qué la misma historia que viaja por Internet tiene credibilidad entre un grupo de personas, mientras que otros la consideran absurda? ¿Qué podemos hacer para protegernos de los efectos perniciosos de los rumores falsos? Los rumores son tan antiguos como la historia humana; siempre hemos vivido rodeados de ellos o incluso sufrido sus consecuencias. Del mismo modo que a través del conocimiento de otros sabemos que la tierra no es plana o que la materia se compone de átomos, los rumores se propagan entre todo tipo de personas -sensatas, razonables, de izquierdas o derechas-, y están ligados a sus deseos y temores. El derecho de los ciudadanos a decir lo que piensan constituye uno de los pilares de los sistemas democráticos en que vivimos, y sin embargo, en la era de Internet, donde uno de estos bulos puede crecer exponencialmente en tan solo unas horas, es fundamental proteger a las posibles víctimas de comportamientos maldicientes. Ayudado por ejemplos de la vida real y estudios de la conducta, Sunstein aborda la compleja tarea de analizar los mecanismos que alimentan los rumores para tratar de encontrar ese equilibrio indispensable entre la necesidad de protegernos de ellos y la salvaguarda de derechos como la libertad de prensa y opinión, y así evitar que la era de la información termine convirtiéndose en la era de la desinformación.

Why do people become extremists? What makes people become so dismissive of opposing views? Why is political and cultural polarization so pervasive in America? In Going to Extremes, renowned legal scholar and best-selling author Cass R. Sunstein offers startling insights into why and when people gravitate toward extremism. Sunstein marshals a wealth of evidence that shows that when like-minded people gather in groups, they tend to become more extreme in their views than they were before. Thus when liberals group get together to debate climate change, they end up more alarmed about climate change, while conservatives brought together to discuss same-sex unions become more set against same-sex unions. In courtrooms, radio stations, and chatrooms, enclaves of like-minded people are breeding ground for extreme movements. Indeed, Sunstein shows that a good way to create an extremist group, or a cult of any kind, is to separate members from the rest of society, either physically or psychologically. Sunstein''s findings help to explain such diverse phenomena as political outrage on the Internet, unanticipated "blockbusters" in the film and music industry, the success of the disability rights movement, ethnic conflict in Iraq and former Yugoslavia, and Islamic terrorism. Providing a wealth of real-world examples--sometimes entertaining, sometimes alarming--Sunstein offers a fresh explanation of why partisanship has become so bitter and debate so rancorous in America and abroad. Praise for the hardcover: "A path-breaking exploration of the perils and possibilities created by polarization among the like-minded." --Kathleen Hall Jamieson, co-author of unSpun and Echo Chamber "Poses a powerful challenge to anyone concerned with the future of our democracy. He reveals the dark side to our cherished freedoms of thought, expression and participation. Initiates an urgent dialogue which any thoughtful citizen should be interested in." --James S. Fishkin, author of When the People Speak

¿Cuál es la relación entre el miedo, el peligro y la ley? Cass Sunstein aborda en esta obra el principio de precaución, cuya influencia es cada vez mayor: la idea de que las autoridades que se ocupan de las políticas de regulación deberían tomar medidas contra posibles daños, aun cuando las cadenas causales sean inciertas y no sepamos si es probable que los daños se concretarán. El autor, que se ocupó de problemas tales como el calentamiento global, el terrorismo, el DDT y la ingeniería genética, sostiene que el principio de precaución es incoherente. Los riesgos existen en todas las situaciones sociales y las medidas de precaución crean a su vez sus propios peligros. A menudo las distintas culturas se concentran en riesgos muy diferentes porque las influencias y las presiones sociales llevan a acentuar algunos miedos y a minimizar otros. En lugar de adoptar el principio de precaución, Sunstein propone tres pasos: un principio anticatástrofe limitado, diseñado para los riesgos más serios; especial atención a los costos y a los beneficios, y un enfoque denominado "paternalismo libertario", que respeta la libertad de elección y guía a los individuos a tomar decisiones que mejorarán sus vidas. Asimismo, muestra cómo las sociedades libres pueden proteger la libertad aun inmersas en el miedo al terrorismo y en un clima de gran preocupación por la seguridad nacional. Leyes de miedo es una importante declaración de uno de los teóricos políticos y del derecho más influyentes de la actualidad.

How does group behavior drive extremism and challenge democratic values? Cass R. Sunstein argues that the key to preventing the spread of extremist views is not to suppress deliberation among the like-minded; such groups productively challenge conventional thinking and majority opinion. Instead, policymakers should develop institutions to ensure that like-minded groups encounter a diversity of opinions within civil society. The goal, Sunstein contends, must be to create opportunities for civil deliberation that expose like-minded group members to opposing views, while exposing society at large to the views of such groups.

Over the past two decades, the United States has seen an intense debate about the composition of the federal judiciary. Are judges ""activists""? Should they stop ""legislating from the bench""? Are they abusing their authority? Or are they protecting fundamental rights, in a way that is indispensable in a free society? Are Judges Political? cuts through the noise by looking at what judges actually do. Drawing on a unique data set consisting of thousands of judicial votes, Cass Sunstein and his colleagues analyze the influence of ideology on judicial voting, principally in the courts of appeal. They focus on two questions: Do judges appointed by Republican Presidents vote differently from Democratic appointees in ideologically contested cases? And do judges vote differently depending on the ideological leanings of the other judges hearing the same case? After examining votes on a broad range of issues--including abortion, affirmative action, and capital punishment--the authors do more than just confirm that Democratic and Republican appointees often vote in different ways. They inject precision into an all-too-often impressionistic debate by quantifying this effect and analyzing the conditions under which it holds. This approach sometimes generates surprising results: under certain conditions, for example, Democrat-appointed judges turn out to have more conservative voting patterns than Republican appointees. As a general rule, ideology should not and does not affect legal judgments. Frequently, the law is clear and judges simply implement it, whatever their political commitments. But what happens when the law is unclear? Are Judges Political? addresses this vital question.

"What happens to democracy and free speech if people use the Internet to create echo chambers--to listen and speak only to the like-minded? What is the democratic benefit of the Internet''s unlimited choices if citizens narrowly limit the information they receive, creating ever-smaller niches and fragmenting the shared public conversation on which democracy depends? Cass Sunstein first asked these questions before 9/11, in Republic.com, and they have become even more urgent in the years since. Now, in Republic.com 2.0, Sunstein thoroughly rethinks the critical relationship between democracy and the Internet in a world where partisan Web logs have emerged as a significant force in politics and where cyber-jihadists have embraced the Internet to thwart democracy and spread violence. Emphasizing the value of unplanned, unchosen encounters, the original Republic.com provoked a strong reaction from cyber-optimists. In Republic.com 2.0 Sunstein answers the critics and expands his argument to take account of new developments, including the blogosphere, and fresh evidence about how people are using the Internet. He demonstrates that the real question is how to avoid "information cocoons" and to ensure that the unrestricted choices made possible by technology do not undermine democracy. Sunstein also proposes new remedies and reforms--focusing far less on what government should do, and much more on what consumers and producers should do--to help democracy avoid the perils, and realize the promise, of the Internet."--Publisher desscription.

Argues that conservatives want to restore "the Constitution in Exile," which would undermine the civil liberties of Americans and endanger environmental regulations, campaign finance laws, and the right to privacy.

Instead of adopting the Precautionary Principle, Professor Sunstein argues for three steps: a narrow Anti-Catastrophe Principle, designed for the most serious risks; close attention to costs and benefits; and an approach called ''libertarian paternalism,'' designed to respect freedom of choice while also moving people in directions that will make their lives go better. He also shows how free societies can protect liberty amidst fears about terrorism and national security."--BOOK JACKET.

This text shows us how to approach the Internet as responsible people. Democracy, it maintains, depends on shared experiences and requires people to be exposed to topics and ideas that they would not have chosen in advance.

Abortion, affirmative action, the "right to die," pornography and free speech, homosexuality and sex discrimination: as eagerly as the Supreme Court''s rulings on these hot issues are awaited and as intently as they''re studied, they never seem to settle anything once and for all. But something is settled in the process--in the incremental approach--as Cass Sunstein shows us in this instructive book. One of America''s preeminent constitutional scholars, Sunstein mounts a defense of the most striking characteristic of modern constitutional law: the inclination to decide one case at a time. Examining various controversies, he shows how--and why--the Court has avoided broad rulings on issues from the legitimacy of affirmative action to the "right to die," and in doing so has fostered rather than foreclosed public debate on these difficult topics. He offers an original perspective on the right of free speech and the many novel questions raised by Congress''s efforts to regulate violent and sexual materials on new media such as the Internet and cable television. And on the relationship between the Constitution and homosexuality and sex discrimination, he reveals how the Court has tried to ensure against second-class citizenship--and the public expression of contempt for anyone--while leaving a degree of flexibility to the political process. One Case at a Time also lays out, and celebrates, the remarkable constellation of rights--involving both liberty and equality--that now commands a consensus in American law. An authoritative guide to the Supreme Court, the book offers a new understanding of the American Constitution, and of the relationship between democracy and constitutionalism, and between rights and self-government.

A fresh examination of constitutionalism is presented by one of the nation''s most respected legal scholars.

The newest work from one of the most preeminent voices writing in the legal/political arena today, this important book presents a new conception of the relationship between free markets and social justice. The work begins with foundations--the appropriate role of existing "preferences," the importance of social norms, the question whether human goods are commensurable, and issues of distributional equity. Continuing with rights, the work shows that markets have only a partial but instrumental role in the protection of rights. The book concludes with a discussion on regulation, developing approaches that would promote both economic and democratic goals, especially in the context of risks to life and health. Free Markets and Social Justice develops seven basic themes during its discussion: the myth of laissez-faire; preference formation and social norms; the contextual character of choice; the importance of fair distribution; the diversity of human goods; how law can shape preferences; and the puzzles of human rationality. As the latest word from an internationally-renowned writer, this work will raise a number of important questions about economic analysis of law in its conventional form.

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 School This 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 Technology How 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 was not always the case, as Sunstein demonstrates; nor was it the intention of the country''s founders. Instead, the Constitution often served as a catalyst for public deliberation about its general terms and aspirations - and Sunstein makes a strong case for reviving this broader understanding of the Constitution''s role.

In the twentieth century, American society has experienced a "rights revolution": a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments. Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and pre-New Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets. Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries.

Cú Hích được xem là một trong những cuốn sách hấp dẫn và kích thích tư duy nhất trong những năm gần đây. Hai vấn đề lớn được trình bày trong cuốn sách này sẽ giúp bạn nhận diện “Cú Hích” và tạo ra sự khác biệt lớn lao trong cuộc sống. Bạn cần một chút lý luận để có thể nắm được Quy tắc Ngón tay cái, Kế toán tâm lý hay các biện pháp tự chủ để chống lại cám dỗ… Tìm hiểu kỹ về nguyên nhân và cách thức các tác động xã hội ảnh hưởng đến con người, bạn sẽ thấy: hầu hết mọi người đều học từ người khác và điều đó thường là tốt. Tuy nhiên, những khái niệm sai lầm nhất cũng xuất phát từ kiểu học hỏi này. Chỉ những Cú Hích mới tạo ra sự khác biệt, loại bỏ thói quen làm theo người khác và diệt trừ tâm lý bầy đàn. Bởi vì, bản chất của sinh – tồn luôn luôn và mãi mãi là sự sáng tạo không ngừng. Trong sự vận chuyển tinh tế đó của thiên nhiên – vũ trụ, ngay cả cái chết cũng chỉ là một trong những “Cú Hích” - nguyên nhân và yếu tố kích thích cho những sáng tạo mới mẻ mà thôi.