An edition of A matter of interpretation (1997)

A matter of interpretation

federal courts and the law : an essay

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Last edited by MARC Bot
July 11, 2024 | History
An edition of A matter of interpretation (1997)

A matter of interpretation

federal courts and the law : an essay

  • 0 Ratings
  • 4 Want to read
  • 0 Currently reading
  • 0 Have read

In exploring the neglected art of statutory interpretation, Antonin 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 law-making 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 ever changing 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 Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation, and the volume concludes with a response by Scalia. Dealing with one of the most fundamental issues in American law, A Matter of Interpretation reveals what is at the heart of this important debate.

Publish Date
Language
English
Pages
159

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Previews available in: English

Edition Availability
Cover of: A Matter of Interpretation
A Matter of Interpretation: Federal Courts and the Law (The University Center for Human Values Series)
July 27, 1998, Princeton University Press
Paperback in English - New Ed edition
Cover of: A matter of interpretation
A matter of interpretation: federal courts and the law : an essay
1997, Princeton University Press
in English

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Book Details


Edition Notes

Includes bibliographical references and index.

Published in
Princeton, N.J
Series
The University Center for Human Values series

Classifications

Dewey Decimal Class
347.73/2634, 347.3073534
Library of Congress
KF4552 .S28 1997, KF4552.S28 1997

The Physical Object

Pagination
xiii, 159 p. ;
Number of pages
159

ID Numbers

Open Library
OL1001700M
Internet Archive
matterofinterpre00scal
ISBN 10
0691026300
LCCN
96040969
OCLC/WorldCat
35280772
Library Thing
90949
Goodreads
1769628

Excerpts

THE FOLLOWING easy attempts to explain the current neglected state of the science of construing legal texts, and offers a few suggestions for improvement.
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History

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July 11, 2024 Edited by MARC Bot import existing book
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