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A Matter of Interpretation: Federal Courts and the Law
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Bibliographic Detail
Publisher Princeton Univ Pr
Publication date January 1, 1997
Pages 159
Binding Hardcover
Book category Adult Non-Fiction
ISBN-13 9780691026305
ISBN-10 0691026300
Dimensions 0.75 by 6.50 by 9.50 in.
Availability§ Out of Print
Original list price $39.95
Other format details university press
§As reported by publisher
Summaries and Reviews
Summary
A lecture by the Supreme Court Justice on the importance of American judges respecting and interpreting the written law is accompanied by opposing viewpoints (view table of contents)
Amazon.com description: Product Description:

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.



Editions
Hardcover
Book cover for 9780691026305
 
The price comparison is for this edition
With Ronald Dworkin (other contributor), Gordon S. Wood (other contributor), May Ann Glendon (other contributor), Laurence H. Tribe (other contributor) | from Princeton Univ Pr (January 1, 1997)
9780691026305 | details & prices | 159 pages | 6.50 × 9.50 × 0.75 in. | 0.95 lbs | List price $39.95
About: A lecture by the Supreme Court Justice on the importance of American judges respecting and interpreting the written law is accompanied by opposing viewpoints
Paperback
Book cover for 9780691004006
 
from Princeton Univ Pr (July 27, 1998)
9780691004006 | details & prices | 128 pages | 6.25 × 9.50 × 0.75 in. | 0.60 lbs | List price $18.95

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