[E Book] A Matter of Interpretation Federal Courts and the Law New Edition (The University Center for Human Values Series Book 47) for ipad

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COPY LINK DOWNLOAD: https://open.ebooklibrary.club/?book=B01EGQA1XO 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 straightarming another
one on his right highstepping away from another precedent about to tackle him from the rear until
(bravo!) he reaches the goalgood law." But is this commonlaw 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.This essay is followed by four
commentaries by Professors Gordon Wood Laurence Tribe Mary Ann Glendon and Ronald Dworkin who
engage Justice Scalias ideas about judicial interpretation from varying standpoints. In the spirit of debate
Justice Scalia responds to these critics.Featuring a new foreword that discusses Scalias impact
jurisprudence and legacy this witty and trenchant exchange illuminates the brilliance of one of the most
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