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A Matter of Interpretation: Federal Courts and the Law - New Edition

A Matter of Interpretation: Federal Courts and the Law - New Edition (EPUB ebook)

By Scalia, Antonin
Foreword by Gutmann, Amy

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. In the spirit of debate, Justice Scalia responds to these critics.Featuring a new foreword that discusses Scalia's impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.
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ISBN 9781400882953
Published 30 Jan 2018
Publisher Princeton University Pre
Available in EPUB format
Software Adobe Ebook Compatible Devices
Language en
Series University Center for Human Values (part: 47)

Full details for this title

ISBN-13 9781400882953
Stock Available
Status Wheelers ePlatform
Publisher unlisted
Imprint Princeton University Press
Released 30 Jan 2018
Publication Country United States United States
Format EPUB ebook
Author(s) By Scalia, Antonin
Foreword by Gutmann, Amy
Series University Center for Human Values (part: 47)
Category Law
Jurisprudence & General Issues
Jurisprudence & Philosophy Of Law
Law & Society
Courts & Procedure
Civil Law (General Works)
Constitutional & Administrative Law
Number of Pages 200
Dimensions Not specified
Dewey Code 347.732634
Weight Not specified - defaults to 0g
Interest Age 19+ years
Reading Age 19+ years
NBS Text Law: General & Reference
ONIX Text College/higher education;Professional and scholarly