Religion & Law

Stuntz v. Sunstein (?)

By Rob Vischer

Last week we discussed Bill Stuntz's recent essay, in which he asserts that "[c]ultures are powerful and mysterious things; the idea that laws and politicians can direct their paths is, to say the least, lacking in empirical support."  In a separate context, I brought up Cass Sunstein's work emphasizing the government's important role in the shaping and management of norms.  Randy Heinig observes:

Don't many of the objections to Stuntz's piece grow out of a line of thinking related to the Sunstein [thesis]?  Isn't norm management what the legal angle on the culture wars (including, say, Philip Johnsons' work) is all about - the recognition that law sets some important cultural and social parameters? To what extent is Stuntz trying to push Christians (and particularly evangelicals) out of the business of using law to manage/create/instill/sustain moral norms?  Would Stuntz and Sunstein disagree?

Full post as published by Mirror of Justice on February 25, 2008 (boomark / email).