A matter of interpretation

Description

In exploring the neglected art of statutory interpretation, Antonin 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 law-making 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 ever changing 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 Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation, and the volume concludes with a response by Scalia. Dealing with one of the most fundamental issues in American law, A Matter of Interpretation reveals what is at the heart of this important debate.

First Sentence

THE FOLLOWING easy attempts to explain the current neglected state of the science of construing legal texts, and offers a few suggestions for improvement.

Excerpt

THE FOLLOWING easy attempts to explain the current neglected state of the science of construing legal texts, and offers a few suggestions for improvement.

Subjects

Series Statement

• The University Center for Human Values series

Other Editions

• A matter of interpretation: federal courts and the law : an essayPrinceton University Press1997-01-01
• A Matter of InterpretationPaperbackPrinceton University Press1998-07-27