A Matter of Interpretation: Federal Courts and the Law - New Edition | Agenda Bookshop Skip to content
Selected Colleen Hoover Books at €9.99c | In-store & Online
Selected Colleen Hoover Books at €9.99c | In-store & Online
A01=Antonin Scalia
A23=Amy Gutmann
Age Group_Uncategorized
Age Group_Uncategorized
Author_Antonin Scalia
automatic-update
B01=Amy Gutmann
Category1=Non-Fiction
Category=LAB
Category=LNAA
COP=United States
Delivery_Delivery within 10-20 working days
Language_English
PA=Available
Price_€20 to €50
PS=Active
softlaunch

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

English

By (author): Antonin Scalia

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. See more
Current price €20.89
Original price €21.99
Save 5%
A01=Antonin ScaliaA23=Amy GutmannAge Group_UncategorizedAuthor_Antonin Scaliaautomatic-updateB01=Amy GutmannCategory1=Non-FictionCategory=LABCategory=LNAACOP=United StatesDelivery_Delivery within 10-20 working daysLanguage_EnglishPA=AvailablePrice_€20 to €50PS=Activesoftlaunch
Delivery/Collection within 10-20 working days
Product Details
  • Weight: 255g
  • Dimensions: 140 x 216mm
  • Publication Date: 30 Jan 2018
  • Publisher: Princeton University Press
  • Publication City/Country: United States
  • Language: English
  • ISBN13: 9780691174044

About Antonin Scalia

Antonin Scalia (1936-2016) was an associate justice of the U.S. Supreme Court for three decades.

Customer Reviews

Be the first to write a review
0%
(0)
0%
(0)
0%
(0)
0%
(0)
0%
(0)
We use cookies to ensure that we give you the best experience on our website. If you continue we'll assume that you are understand this. Learn more
Accept