An edition of A matter of interpretation (1997)

A Matter of Interpretation

Federal Courts and the Law (The University Center for Human Values Series)

New Ed edition
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Last edited by ImportBot
December 19, 2023 | History
An edition of A matter of interpretation (1997)

A Matter of Interpretation

Federal Courts and the Law (The University Center for Human Values Series)

New Ed edition
  • 0 Ratings
  • 5 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
176

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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


First Sentence

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

Classifications

Library of Congress
KF4552.S28 1997

The Physical Object

Format
Paperback
Number of pages
176
Dimensions
9.1 x 6.1 x 0.6 inches
Weight
8.8 ounces

ID Numbers

Open Library
OL7755948M
ISBN 10
0691004005
ISBN 13
9780691004006
Library Thing
90949
Goodreads
148647

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.
added anonymously.

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History

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December 19, 2023 Edited by ImportBot import existing book
October 10, 2020 Edited by ImportBot import existing book
August 4, 2020 Edited by ImportBot import existing book
August 6, 2010 Edited by IdentifierBot added LibraryThing ID
April 29, 2008 Created by an anonymous user Imported from amazon.com record