The achievement of antonin scalia, and its intellectual incoherence, new republic, may 5, 1997, at 26. We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the. A matter of interpretation decision, the holding of a case cannot go beyond the facts that were before the court. Scalias approach to statutory interpretation in this book has prompted debate both over its desirability, as a normative matter, and over the consistency with which justice scalia applied that. A matter of interpretation federal courts and the law. Jan 01, 1997 reading a matter of interpretation was an effort to try and fill in some of the gaps of i heard about a matter of interpretation by looking over the federalist societys conservative and libertarian prelaw reading list. Federal courts and the law the university center for human values series. A matter of interpretation princeton university press. A matter of interpretation by antonin scalia, amy gutmann pdf.
Justice antonin scalias sudden death in february, 2016, was a great loss for his family, a great loss for his friends, and a great loss for the. 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. A vocal advocate of textualist interpretation, justice scalia argued that the constitution means only what it says and that interpretations of the document should be confined strictly to the directives supplied therein. Antonin scalia accepts in a matter of interpretation.
List of books and articles about antonin scalia online. Federal courts and the law an essay by antonin scalia. Reading a matter of interpretation was an effort to try and fill in some of the gaps of i heard about a matter of interpretation by looking over the federalist societys conservative and libertarian prelaw reading list. Justice scalia defends textualism as the only form of interpretation that should govern judicial interpretation of statutes and the constitution. Federal courts and the law new edition the university center for human values series book by antonin scalia. Antonin scalia was born on march 11, 1936, in trenton, new jersey and was an only child. Justice scalia and the idea of judicial restraint by john. Reading law is a howto handbook for judges who want to. We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case a. In fact, i found what became one of my favorite booksa conflict of visions by thomas sowellon this reading list. Scalias approach to statutory interpretation in this book has prompted debate both over its desirability, as a normative matter, and over the consistency with which justice scalia applied that approach, among other things.
A matter of interpretation by antonin scalia overdrive. Supreme court justice antonin scalia, a judge like this can maneuver through earlier cases to achieve the desired aimdistinguishing one prior. Scalias brilliant writing and commitment to principle permeate scalia speaks. Constitutional interpretation the old fashioned way justice antonin scalia delivered the following remarks at the woodrow wilson international center for scholars in washington, d.
Antonin scalia, associate justice of the supreme court and americas foremost conservative jurist, has done just that in a matter of interpretation. Federal courts and the law new edition the university center for human values series book 47 antonin scalia 4. A matter of interpretation federal courts and the law new edition. Federal courts and the law, a thin volume that contains his lively and lucid defense of textualism and originalism in constitutional interpretation, along with the commentary of four academics. Antonin scalias philosophy of interpretation from textualism. The authors codify canons of statutory interpretation that have enjoyed storeyed use, predominantly borrowing from angloamerican jurisprudence. But its implications for how judges should interpret the law are complex and contested, as evidenced by justice antonin scalias elegant essay and the.
A matter of interpretation federal courts and the law antonin. Justice antonin scalia s book, a matter of interpretation is essentially scalia s essay followed by a set of essays in response by various authors, themselves of which are followed by a final response from scalia. Extended to supreme court justice antonin scalia by princetons university center. These essays form an excellent introduction to several major lines of thought in constitutional interpretation, written by some of. Federal courts and the law the university center for human values series scalia, antonin, gutmann, amy on. Justice antonin scalias flair for the dramatic shines through, while. The affordable care act came down to a literal matter of interpretation. Supreme court justice antonin scalia wrote what has to be some of the best reads in supreme court history. Federal courts in interpreting the constitution and laws, in a matrer of. 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. The role of united states federal courts in interpreting the constitu. In exploring the neglected art of statutory interpretation, scalia urges that judges resist the temptation to use legislative intention and legislative history.
Antonin scalia, associate justice, united states supreme. His dissents in particular were filled with his strong, witty, and punny personality. From textualism to deferentialism scott soames the opening sentence in justice scalias common law courts in a civil law system announces his attempt to explain the currently neglected state of the. A matter of interpretation federal courts and the law a matter of interpretation federal courts and the law the university center for human values series antonin. Federal courts and the law antonin scalia, amy gutmann, antonin and gutmann, amy scalia on. From textualism to deferentialism scott soames the opening sentence in justice scalias brilliantly provocative common law courts in a civil law system announces his attempt to explain the currently. Pdf a matter of interpretation cesar javier miguel academia. The interpretation of legal texts thomsonwest 2012. A mill in gloucester ground to a halt so to speak because of a cracked crankshaft.
A dialogue on statutory and constitutional interpretation the honorable antonin scalia john f. A matter of interpretation ebook by antonin scalia. Save up to 80% by choosing the etextbook option for isbn. In exploring the neglected art of statutory interpretation, scalia. Read a matter of interpretation pdf by antonin scalia online ebook federal courts and the law new edition the university center for. A matter of interpretation 9780691174044, 9781400882953. Based upon his recent tanner lectures at princeton university, this book provides a layreaderfriendly glimpse at the complex and arcane world of jurisprudence and the legal art of. Scalia has been a supreme court justice since 1986, winning senate approval of his nomination in a 980 senate vote. To get a new one made, it was necessary to send the old one, as a model, to the. 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. If so, then the application of these abstract principles to particular cases. His father, salvatore eugene scalia 19031986, an italian immigrant from sommatino, sicily, graduated from rutgers university and was a graduate student at columbia university and clerk at the time of his sons birth. Supreme court justice scalia posits his views of how statutes and the constitution should be interpreted.
March 11, 1936 february, 2016 was an american lawyer, jurist, government official, and academic who served as an associate justice of the supreme court of the united states from 1986 until his death in 2016. In justice scalia s view, this common law system of making. A matter of interpretation demonstrates both the attraction of scalia s textualist theory and his qualities as a judicial statesman. Antonin scalia, commonlaw courts in a civillaw 4stem. Federal courts and the law antonin scalia, associate justice of the supreme court and americas foremost conservative jurist, has done just that in a matter of interpretation. Original intention and public meaning in constitutional. A matter of interpretation federal courts and the law new edition by antonin scalia and publisher princeton university press. In search of the hidden universe springer praxis books ekg. A matter of interpretation pdf antonin scalia federal courts and th. These essays form an excellent introduction to several major lines of thought in constitutional interpretation, written by some of the foremost figures in each area. Manning in recent years, the supreme court has placed increasing emphasis on the meaning of the enacted text not only in statutory cases,1 but also in constitutional cases. Christopher scalia is the eighth of justice antonin scalias nine children. Supreme court justice antonin scalia, a judge like this can maneuver through earlier cases to achieve the desired aimdistinguishing one prior case on his left, straightarming another one on his right, highstepping away from another precedent. Scalia commonlaw courts in a civillaw system 81 the english court of exchequer.
Aug 24, 2012 the passive view of the judicial role is aggressively defended in a new book by justice antonin scalia and the legal lexicographer bryan garner reading law. The proper interpretation or application of the principles discussed is a matter for the considered judgement pf the induvial legal practitioner. A dialogue on statutory and constitutional interpretation. Supreme court justice antonin scalia, a judge like this can maneuver through earlier cases to achieve the desired. Antonin scalia citation of not a single snippet of statutory lawthough counsel arguing the case did bring to the courts attention the disposition set forth in the french civil code. Supreme court judges and indeedas we learn in the essay by carp, manning, and stidham, later. In justice scalias view, this common law system of making. Sunstein, justice scalias democratic formalism, 107 yale l. Antonin scalia is considered one of the most controversial justices to have been on the united states supreme court. In a witty and trenchant essay, justice scalia answers this question with a resounding negative. A matter of interpretation federal courts and the law new. Hence, we should all be grateful for a matter of interpretation, the remarkably readable and fascinating new book by supreme court justice antonin scalia.
A matter of interpretation demonstrates both the attraction of scalias textualist theory and his qualities as a judicial statesman. The authors codify canons of statutory interpretation that have enjoyed storeyed use, predominantly borrowing. The idea that distinguishes professor dworkins version from that of justice scalia is that key constitutional provisions, as a matter of their original meaning, set out abstract principles rather than concrete or dated rules. Out of the dry matter of judicial interpretation, scalia and garner make an elegant case for judicial restraint as one of the bedrocks of american democracy. He was described as the intellectual anchor for the originalist and textualist position in the courts. The role of united states federal courts in interpreting the constitution and laws, in a matter of interpretation 3 amy gutman ed. Justice antonin scalias book, a matter of interpretation is essentially scalias essay followed by a set of essays in response by various authors, themselves of which are followed by a final response from scalia. T7e role of united states federal courts in interpreting the constitution and laws, in a matrer of interpretation. Nov 01, 2016 an outspoken conservative, scalia was a prominent proponent of textualism, the idea that one should focus on the text of the u. Avaliable format in pdf, epub, mobi, kindle, ebook and audiobook. Supreme court justice antonin scalia, a judge like this can maneuver through earlier cases to achieve the desired aimdistinguishing one prior case on his left, straightarming another one on his right, highstepping away from another precedent about to tackle him from the rear, until bravo. Federal courts and the law, a thin volume that contains his. Antonin scalias philosophy of legal interpretation by scott soames school of philosophy university of southern california to appear in.