Coverart for item
The Resource 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

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

Label
A matter of interpretation : federal courts and the law : an essay
Title
A matter of interpretation
Title remainder
federal courts and the law : an essay
Statement of responsibility
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
Creator
Contributor
Author
Editor
Subject
Genre
Language
eng
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
Member of
Cataloging source
N$T
http://library.link/vocab/creatorName
Scalia, Antonin
Index
index present
Literary form
essays
Nature of contents
  • dictionaries
  • bibliography
http://library.link/vocab/relatedWorkOrContributorName
Gutmann, Amy
Series statement
University Center for Human Values series
http://library.link/vocab/subjectName
  • Constitutional law
  • Judge-made law
  • Law
  • LAW / Civil Procedure
  • LAW / Legal Services
  • POLITICAL SCIENCE / Government / Judicial Branch
  • Constitutional law
  • Judge-made law
  • Law
  • United States
  • LAW / Constitutional
Label
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
Instantiates
Publication
Antecedent source
unknown
Bibliography note
Includes bibliographical references and index
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Color
multicolored
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Control code
on1014328691
Dimensions
unknown
Edition
New edition
Extent
1 online resource
File format
unknown
Form of item
online
Isbn
9781400882953
Level of compression
unknown
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Note
JSTOR
http://library.link/vocab/ext/overdrive/overdriveId
22573/ctvbjjwjr
Quality assurance targets
not applicable
Reformatting quality
unknown
Sound
unknown sound
Specific material designation
remote
System control number
(OCoLC)1014328691
Label
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
Publication
Antecedent source
unknown
Bibliography note
Includes bibliographical references and index
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Color
multicolored
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Control code
on1014328691
Dimensions
unknown
Edition
New edition
Extent
1 online resource
File format
unknown
Form of item
online
Isbn
9781400882953
Level of compression
unknown
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Note
JSTOR
http://library.link/vocab/ext/overdrive/overdriveId
22573/ctvbjjwjr
Quality assurance targets
not applicable
Reformatting quality
unknown
Sound
unknown sound
Specific material designation
remote
System control number
(OCoLC)1014328691

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