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A Matter of Interpretation
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From Library Journal
How should judges interpret statutory and constitutional law? Gutmann (politics, Princeton; Democracy and Disagreement, LJ 12/15/96) has edited an admirable work focusing on the relationship of the federal courts in interpreting the law. Supreme Court Justice Scalia's essay elaborates on his philosophy of textualism, an approach that eschews legislative intention in favor of focusing on the original meaning of the text to be interpreted. He applies this principle to constitutional law, arguing that we should concentrate on the Constitution's original meaning. Following this essay are brief comments by noted legal scholars Ronald Dworkin, Mary Ann Glendon, Lawrence Tribe, and Gordon Wood. It's deceptively easy to simplify Justice Scalia's ideas to a single sentence, as Gutmann does in her preface: "laws mean what they actually say, not what legislators intended them to say but did not write into the law's text." But the debates over the manner of interpreting legal texts have been held since the very beginning of our constitutional government. This collection certainly isn't the final word, but it offers an excellent starting place. For academic collections.?Jerry E. Stephens, U.S. Court of Appeals Lib., Oklahoma CityCopyright 1997 Reed Business Information, Inc.
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From Kirkus Reviews
Supreme Court Justice Scalia posits his views of how statutes and the Constitution should be interpreted; a noted historian and three distinguished legal scholars respond. Scalia, whom journalistic shorthand often renders the intellectual leader of the Court's right wing, sets forth the principles of what he calls ``textualism'' and others call ``original intent.'' To reduce a complex and subtle argument to a sentence, he believes that judges should discern a law's import from the words in which it is stated, not from divining the legislative intent behind its passage or interpreting the text through analysis of its historical context; he finds the application of common-law adjudicature to constitutional issues a threat to democracy. Apart from Mary Ann Glendon, who contributes a rather dry comparison of the techniques of statutory interpretation in European civil-law countries with those derived from our common-law traditions, the replies take exception to Scalia's method. Glendon's Harvard Law School colleague Laurence Tribe lauds Scalia's insistence on a close reading of statutory texts but contends that specific constitutional language must be studied ``in light of the Constitution as a whole and the history of its interpretation''; he doubts that any set of ``rules'' for constitutional exegesis is possible. Ronald Dworkin, of New York University Law School, finds textualism inadequate for constitutional analysis because ``key constitutional provisions, as a matter of their original meaning, set out abstract principles rather than concrete or dated rules.'' Brown University historian Gordon Wood disputes Scalia's contention that judges only recently began usurping authority from elected legislatures. Although all of the authors write clearly, it is unlikely that anyone not fairly well versed in constitutional law will fully grasp their arguments. A small but worthwhile addition to the literature. -- Copyright ©1996, Kirkus Associates, LP. All rights reserved.
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Product details
Series: The University Center for Human Values Series
Hardcover: 128 pages
Publisher: Princeton University Press; 1st edition (January 6, 1997)
Language: English
ISBN-10: 0691026300
ISBN-13: 978-0691026305
Product Dimensions:
6.5 x 0.8 x 9.5 inches
Shipping Weight: 1.6 pounds (View shipping rates and policies)
Average Customer Review:
3.9 out of 5 stars
56 customer reviews
Amazon Best Sellers Rank:
#725,814 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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