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A Matter of Interpretation: Federal Courts and the Law by Antonin Scalia (Paperback, 1998)

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We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim-- distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law. But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated.Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the strict constructionism that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly smuggle in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints.

Product Identifiers

Publisher
Princeton University Press
ISBN-13
9780691004006
eBay Product ID (ePID)
94802360

Product Key Features

Subject Area
Civil Law
Author
Antonin Scalia
Publication Name
A Matter of Interpretation: Federal Courts and the Law
Format
Paperback
Language
English
Subject
Law
Publication Year
1998
Type
Textbook
Number of Pages
176 Pages

Dimensions

Item Height
235mm
Item Width
152mm
Item Weight
28g

Additional Product Features

Title_Author
Antonin Scalia
Series Title
The University Center for Human Values Series
Country/Region of Manufacture
United States
Editor
Amy Gutmann

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A Matter of Interpretation: Federal Courts and the Law by Antonin Scalia (Paperback, 1998)

About this product

Product Information

Product Identifiers

Product Key Features

Dimensions

Additional Product Features

Best Selling in Adult Learning & University

Australian Guidebook for Structural Engineers by Lonnie Pack (Paperback, 2019)

Eduqas GCSE (9-1) Religious Studies Route B: Catholic Christianity and Judaism by Deirdre Cleary, Andrew Barron, Joy White, Patrick Harrison (Paperback, 2017)

Time Management by Peter Quarry (Paperback, 1986)

The Ethnic Cleansing of Palestine by Ilan Pappe (Paperback, 2007)

Save on Adult Learning & University

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Classical Mechanics: The Theoretical Minimum by George Hrabovsky

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