Why Societies Need Dissent-轻识

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.

Cass R. Sunstein graduated in 1975 from Harvard College and in 1978 from Harvard Law School magna cum laude. After graduation, he clerked for Justice Benjamin Kaplan of the Massachusetts Supreme Judicial Court and Justice Thurgood Marshall of the U.S. Supreme Court. Before joining the faculty of the University of Chicago Law School, he worked as an attorney-advisor in the Office of the Legal Counsel of the U.S. Department of Justice. 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, including Ukraine, Poland, China, South Africa, and Russia. A member of the American Academy of Arts and Sciences, Mr. Sunstein has been Samuel Rubin Visiting Professor of Law at Columbia, visiting professor of law at Harvard, vice-chair of the ABA Committee on Separation of Powers and Governmental Organizations, chair of the Administrative Law Section of the Association of American Law Schools, a member of the ABA Committee on the future of the FTC, and a member of the President's Advisory Committee on the Public Service Obligations of Digital Television Broadcasters.

Mr. Sunstein is a member of the Department of Political Science as well as the Law School. He is author of many articles and a number of books, including After the Rights Revolution: Reconceiving the Regulatory State (1990), Constitutional Law (co-authored with Geoffrey Stone, Louis M. Seidman, and Mark Tushnet) (1995), The Partial Constitution (1993), Democracy and the Problem of Free Speech (1993), Legal Reasoning and Political Conflict (1996), Free Markets and Social Justice (1997), Administrative Law and Regulatory Policy (1998) (with Justice Stephen Breyer and Professor Richard Stewart and Matthew Spitzer), One Case At A Time (1999), Behavioral Law and Economics (editor, 2000), Designing Democracy: What Constitutions Do (2001), Republic.com (2001), Risk and Reason (2002), The Cost-Benefit State (2002), Punitive Damages: How Juries Decide (2002), Why Societies Need Dissent (2003), The Second Bill of Rights (2004), and Laws of Fear: Beyond the Precautionary Principle (2005). He is now working on various projects involving the relationship between law and human behavior.

Born: 1954.

Education: A.B., 1975, J.D., 1978, Harvard University