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A Matter of Interpretation: Federal Courts and the Law (The University Center for Human Values Series)
Download PDF A Matter of Interpretation: Federal Courts and the Law (The University Center for Human Values Series)
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Review
"[We] are lucky to have, in book form, an essay on legal interpretation by Justice Scalia....[He] projects a sanguine humor through a robust prose enlivened by sly sallies against what he sees as the gaps in logic of the opposing camp. He is anything but the angry justice of popular myth."---John O. McGinnis, Wall Street Journal"[T]he Supreme Court's highest-profile conservative . . . Suggest[s] we ought to junk judicial review as we have known it. . . . The reason, I think, is that Scalia objects not merely to certain decisions of this or prior Courts but to judicial review, American-style, in its entirety. His central aim as a jurist has been to get the federal courts out of the business of adjudicating individual rights."---Garrett Epps, The Nation"As this . . . book makes clear, Scalia deserves respect for having redefined the mainstream of constitutional discourse, and in a substantially useful way."---Jeffrey Rosen, New Republic"Justice Scalia merits praise for the clarity with which he writes and for the careful thought that underlies his writing."---Walter Barthold, New York Law Journal"Love him or hate him (it's hard to imagine a neutral opinion), Scalia is a brilliant and engaging writer. This tantalizing short debate with his equally brilliant critics shows just how radical our most conservative justice is."---Kathleen Kahn, San Francisco Chronicle"Justice Scalia's well-written and patiently explained theory, augmented and challenged by the commentaries of four scholars, will fascinate and enlighten even those readers, and they are many, whom it does not convince. . . . Justice Scalia merits praise for the clarity with which he writes and for the careful thought that underlies his writing."---Walter Barthold, The Lawyer's Bookshelf"Antonin Scalia. . . confronts four high-powered critics in a short book for the general public--perhaps the first time a sitting justice of the Supreme Court has done so. This is a book for anyone with a serious interest in law and the Constitution."---Carl M. Dibble, Detroit News"As the most intellectually consistent and stylistically gifted member of the Supreme Court, Scalia has never hidden his enthusiasm for the American tradition of mistrusting courts and lawyers. The basics of his judicial philosophy are now usefully collated into this volume. . . . Scalia's arguments have shaped the debate in our time; he has gone a long way toward changing how judges interpret the letter of the law."---David Franklin, Slate"[Scalia] is formidably persuasive, by turns seductive, fierce, funny, charming--and always brilliant."---Paul Reidinger, American Bar Association Journal"A Matter of Interpretation demonstrates both the attraction of Scalia's 'textualist' theory and his qualities as a judicial statesman. . . [His] elegant essay, the most concise and accessible presentation of his views, argues eloquently that judicial authority can only be based on the statutory or constitutional text."---Michael Greve, Reason
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About the Author
Antonin Scalia (1936–2016) was an associate justice of the U.S. Supreme Court for three decades.
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Product details
Series: The University Center for Human Values Series
Paperback: 176 pages
Publisher: Princeton University Press; First Paperback Edition edition (July 27, 1998)
Language: English
ISBN-10: 0691004005
ISBN-13: 978-0691004006
Product Dimensions:
6.2 x 0.8 x 9.5 inches
Shipping Weight: 8.8 ounces
Average Customer Review:
3.9 out of 5 stars
56 customer reviews
Amazon Best Sellers Rank:
#233,185 in Books (See Top 100 in Books)
Outstanding!! Scalia writes so very clearly and logically. And in this book he gives scholars of opposing views the vehicle to debate him. Every American should understand the argument presented here. This is not really a book - it is a series of brief essays that address the most important issue in American law. How should laws and the Constitution be interpreted? You will always be glad you read this book!!
I used this book to expand my knowledge of originalism as I am preparing to lead a class discussion on the subject. The book provide an excellent discussion of originalism including fundamental pros and cons provided by leading lawyers and historians.
This is a great read for anyone studying the constitution, interested in the concepts of Judicial Restraint and Original Intent. It puts you in the mind of the Supreme Court Justice!
The description & order confirmation said I was to receive a "hardcover w/dust jacket" of the book. What I received was a paperback with multiple stickers attached to the cover.
This book was not exactly what I expected; it was better. It contains an essay by Justice Scalia about the judicial role in deciding statutory and constitutional questions. His essay is followed by comments by other individuals which, in turn, is followed by Justice Scalia's response. The most fascinating part of the entire book was the recognition by the writers that judges have taken it upon themselves to legislate and decide what government policy "ought to be" in rendering judicial decisions. Some of the writers seem to think this is acceptable and expected. To an attorney who has watched courts reach intellectually dishonest decisions in cases where there is potential economic or political impact (for example, one appellate court went so far as to render an unpublished opinion in one case -- apparently to conceal its dishonesty in letting a state divert millions of dollars from a state retirement plan -- then followed up a few months later with a published opinion by the same judges with a precisely opposite holding on an important legal question decided in the first case), the concerns expressed by Justice Scalia were more than theoretical. While our legislators may not be the sharpest knives in the drawer, at least voters can remove them from office or persuade them to change their minds. There is no such opportunity with unelected judges who not only can manipulate facts and law in their rulings, but can issue decisions that never see the light of day and thus escape public scrutiny. Both liberals and conservatives have plenty to fear from judges who believe that they are a law unto themsleves.
Excellent and of course very well written .. I highly recommend this book.
This book is not an easy read but it is an important read. For those of us who believe (as I formerly did) that legislators' intent should form a basis for interpretation of a difficult statute, this essay will help you discover just how slippery is that slope.
Short but very interesting chapter written by Scalia. Remainder of book is four or five different chapters written by legal notables about Scalia's chapter. Not what I expected. Thought the entire book was written by Scalia - disappointing.
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