May 9th, 2025
Home | Log in!

On Top Shelf
TWO INK MINIMUMTWO INK MINIMUM
Fresh Pick
THE GREEK HOUSE
THE GREEK HOUSE

New Books This Week

Reader Games


The books of May are here—fresh, fierce, and full of feels.

Slideshow image


Since your web browser does not support JavaScript, here is a non-JavaScript version of the image slideshow:

slideshow image
Wedding season includes searching for a missing bride�and a killer . . .


slideshow image
Sometimes the path forward begins with a step back.


slideshow image
One island. Three generations. A summer that changes everything.


slideshow image
A snapshot made them legends. What it didn�t show could tear them apart.


slideshow image
This life coach will give you a lift!


slideshow image
A twisty, "addictive," mystery about jealousy and bad intentions


slideshow image
Trapped by magic, haunted by muses�she must master the cards before they�re lost to darkness.


slideshow image
Masquerades, secrets, and a forbidden romance stitched into every seam.


slideshow image
A vanished manuscript. A murdered expert. A castle full of secrets�and one sharp-witted sleuth.


Since your web browser does not support JavaScript, here is a non-JavaScript version of the image slideshow:

slideshow image
Two warrior angels. First friends, now lovers. Their future? A WILD UNKNOWN.


A Matter of Interpretation by Antonin Scalia

Purchase

Add to Wish List


Also by Antonin Scalia:

Reading Law, June 2012
Hardcover / e-Book
Making Your Case, May 2008
Hardcover
A Matter of Interpretation, July 1997
Trade Size (reprint)

A Matter of Interpretation
Antonin Scalia

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.

Princeton University Press
July 1997
176 pages
ISBN: 0691004005
Trade Size (reprint)
Add to Wish List

Non-Fiction

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.

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.

No awards found for this book.

Comments

No comments posted.

Registered users may leave comments.
Log in or register now!

© 2003-2025 off-the-edge.net  all rights reserved Privacy Policy