Title
A Matter of Interpretation: Federal Courts and the Law (The University Center for Human Values Series, 16),Used
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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, straightarming another one on his right, highstepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goalgood law.' But is this commonlaw 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.
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- Q: What is the main theme of 'A Matter of Interpretation'? A: The main theme of 'A Matter of Interpretation' revolves around the proper approach to judicial interpretation, particularly focusing on statutory and constitutional law, as articulated by Justice Antonin Scalia.
- Q: Who authored 'A Matter of Interpretation'? A: The book is authored by U.S. Supreme Court Justice Antonin Scalia.
- Q: What is the publication date of this book? A: The book was published on July 27, 1998.
- Q: What are the key arguments presented by Justice Scalia? A: Justice Scalia argues against using legislative intent in judicial interpretation, advocating for a focus on the text of statutes and the original meaning of the Constitution.
- Q: Does the book include responses from other scholars? A: Yes, the book includes four commentaries from Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who critique Scalia's ideas.
- Q: What is the format of 'A Matter of Interpretation'? A: The book is available in paperback binding.
- Q: How many pages does the book have? A: The book contains 176 pages.
- Q: Is 'A Matter of Interpretation' suitable for general readers? A: Yes, while it discusses legal concepts, it is written in a manner that is accessible to general readers interested in law and judicial philosophy.
- Q: What edition of the book is available? A: This is the first paperback edition of 'A Matter of Interpretation'.
- Q: What is the condition of the book? A: The book is listed as new.