  Dworkin's pro-theory stance has attracted criticism from a variety of quarters. Fish (1989, essays 4, 5 and 16) claims that ‘law as integrity’ is not a theory which judges can use to guide their interpretive activities because it is a strategy which they cannot help but put into practice, and to which they are always and already committed simply in virtue of their membership in the judicial interpretive community. Sunstein 1996 also warns against the kind of ‘high-level theories’ which Dworkin instructs judges to construct and follow in deciding cases. Sunstein is suspicious of the value of such theorising on the grounds that, ‘it takes too much time and may be unnecessary; because it may go wrong insofar as it operates without close reference to actual cases; because it often prevents people from getting along at all; and because general theorizing can seem or be disrespectful insofar as it forces people to contend, unnecessarily, over their deepest and most defining moral commitments.’ (Sunstein 1996, p50). Instead, Sunstein advocates a special role for ‘incompletely theorized agreements’ in judicial decision-making. Such agreements can occur where judges agree on the outcomes of individual cases even though they disagree on which general theory best accounts for those outcomes, or agree on a general principle, but not on what that principle requires in particular cases, or agree on a ‘mid-level’ principle (see Sunstein 1996, p36) but disagree about both the general theory underlying it and particular cases falling under it. Sunstein regards incompletely theorised agreements as vital to legal reasoning, because they allow the diverse individuals who constitute the judiciary to agree on outcomes against the background of certain institutional constraints such as that they have, ‘a weak democratic pedigree and limited fact-finding capacity’ (Sunstein 1996, p6), must make many decisions, make them fairly quickly, show adequate respect, to litigants, and to each other, and avoid error insofar as is possible. Sunstein presents a strong case for the role of incompletely theorised agreements in law in general, pointing out that the institution of such agreements is one of the most important social functions of legal rules, as rules are capable of allowing agreement in the face of disagreement, in the sense that sometimes judges can agree on outcomes to cases governed by a rule whilst disagreeing about the rule's justification (on this important function of legal rules see also Raz 2001).