TY  - GEN
T1  - A matter of interpretation : federal courts and the law : an essay
T2  - University Center for Human Values series.
A1  - Scalia, Antonin, 1936-2016
A2  - Gutmann, Amy
A2  - Wood, Gordon S.
A2  - Tribe, Laurence H.
A2  - Glendon, Mary Ann, 1938-
A2  - Dworkin, Ronald
LA  - English
PP  - Princeton ; Oxford
PB  - Princeton University Press
YR  - 2018
ED  - New edition.
UL  - https://ebooks.jgu.edu.in/Record/jstor_eba_on1014328691
AB  - "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. 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. In the spirit of debate, Justice Scalia responds to these critics"--
OP  - 173
CN  - KF4552 .S28 2018
SN  - 9781400882953
SN  - 1400882958
SN  - 9780691174044
SN  - 0691174040
KW  - Constitutional law : United States.
KW  - Judge-made law : United States.
KW  - Law : United States : Interpretation and construction.
KW  - Droit créé par le juge : États-Unis.
KW  - Droit : États-Unis : Interprétation.
KW  - LAW : Civil Procedure.
KW  - LAW : Legal Services.
KW  - POLITICAL SCIENCE : Government : Judicial Branch.
KW  - LAW : Constitutional.
KW  - Constitutional law
KW  - Judge-made law
KW  - Law : Interpretation and construction
KW  - United States
ER  -