An edition of A matter of interpretation (1998)

A matter of interpretation

federal courts and the law : an essay

New edition.
A matter of interpretation
Antonin Scalia, Antonin Scalia
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Last edited by ImportBot
August 24, 2020 | History
An edition of A matter of interpretation (1998)

A matter of interpretation

federal courts and the law : an essay

New edition.

"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."--

Publish Date
Language
English
Pages
173

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Edition Availability
Cover of: Matter of Interpretation
Matter of Interpretation: Federal Courts and the Law - New Edition
2018, Princeton University Press
in English
Cover of: A matter of interpretation
A matter of interpretation: federal courts and the law : an essay
2018
in English - New edition.
Cover of: Matter of Interpretation
Matter of Interpretation: Federal Courts and the Law
1998, Princeton University Press
in English
Cover of: Matter of Interpretation
Matter of Interpretation: Federal Courts and the Law
1998, Princeton University Press
in English

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Book Details


Table of Contents

Preface -- 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
Response -- Antonin Scalia-- Afterword to the new edition /-- Steven G. Calabresi.

Edition Notes

Includes bibliographical references and index.

Other Titles
Federal courts and the law, an essay
Copyright Date
1997

Classifications

Library of Congress
KF4552 .S28 2018, KF385

The Physical Object

Pagination
xxiv, 173 p.
Number of pages
173

ID Numbers

Open Library
OL26942040M
ISBN 10
0691174040
ISBN 13
9780691174044
LCCN
2017953346
OCLC/WorldCat
945482952

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August 24, 2020 Edited by ImportBot import existing book
May 24, 2019 Created by MARC Bot import new book