A Matter of Interpretation : Federal Courts and the Law : an essay / by Antonin Scalia ; with commentary by Amy Gutmann, editor, Gordon S. Wood, Laurence H. Tribe, Mary Ann Glendon, Ronald Dworkin ; With a new introduction by Akhil Reed Amar ; and a new afterword by Steven G. Calabresi.

Format:

Book

Author/Creator:

Scalia, Antonin, 1936-2016, author.

Contributor:

Gutmann, Amy, editor.

Wood, Gordon S.

Tribe, Laurence H.

Glendon, Marry Ann

Dworkin, Ronald.

Series:

University Center for Human Values series.

The University Center for Human Values Series ; 47

Language:

English

Subjects (All):

Constitutional law--United States.

Constitutional law.

Judge-made law--United States.

Judge-made law.

Law--United States--Interpretation and construction.

Law.

United States.

Genre:

Essays

Criticism, interpretation, etc.

Physical Description:

1 online resource (xiv, 173 pages) : illustrations.

Edition:

New edition.

Place of Publication:

Princeton, New Jersey : Princeton University Press, [2018]

Language Note:

In English.

Summary:

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.

Contents:

Preface / Amy Gutmann

Introduction to the new edition / Akhil Reed Amar

Common-law courts in a civil-law system : The role of United States federal courts in interpreting the constitution and laws / Antonin Scalia

Comment / Gordon S. Wood

Comment / Laurence H. Tribe

Comment / Mary Ann Glendon

Comment / Ronald Dworkin

Response / Antonin Scalia

Afterword to the new edition / Steven G. Calabresi.

Notes:

Includes bibliographical references and index.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 23. Mai 2019)

ISBN:

9781400882953

1400882958

OCLC:

1132224272