In this essay, Judge Antonin Scalia argues that the common-law mindset, although approriate in its place, is not suitable for statutory and constitutional interpretation. In exploring the neglected art of statutory interpretation, he urges judges to 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 lawyers meant, rather than by what the legislature actually ...
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In this essay, Judge Antonin Scalia argues that the common-law mindset, although approriate in its place, is not suitable for statutory and constitutional interpretation. In exploring the neglected art of statutory interpretation, he urges judges to 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 lawyers meant, rather than by what the legislature actually promulgated. He argues that eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia proposes that the notion of an ever-changing Constitution is abandoned and that attention is paid to the Constitution's original meaning. Although not subscribing to the "strict constitutionalism" 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 B
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Add this copy of A Matter of Interpretation – Federal Courts & the Law: to cart. $16.61, poor condition, Sold by Anybook rated 5.0 out of 5 stars, ships from Lincoln, UNITED KINGDOM, published 1997 by Princeton University Press.
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This is an ex-library book and may have the usual library/used-book markings inside. This book has hardback covers. Book contains pen, pencil & highlighter markings. In poor condition, suitable as a reading copy. Dust jacket in good condition. Please note the Image in this listing is a stock photo and may not match the covers of the actual item, 500grams, ISBN: 9780691026305.
Add this copy of A Matter of Interpretation: Federal Courts and the Law to cart. $31.98, poor condition, Sold by Anybook rated 5.0 out of 5 stars, ships from Lincoln, UNITED KINGDOM, published 1997 by Princeton University Press.
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This is an ex-library book and may have the usual library/used-book markings inside. This book has hardback covers. Book contains pen & pencil markings. In poor condition, suitable as a reading copy. No dust jacket. Please note the Image in this listing is a stock photo and may not match the covers of the actual item, 500grams, ISBN: 0691026300.
Add this copy of A Matter of Interpretation to cart. $24.23, like new condition, Sold by Wonder Book - Member ABAA/ILAB rated 5.0 out of 5 stars, ships from Frederick, MD, UNITED STATES, published 1997 by Princeton University Press.
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Condition: GOOD-Used with some wear from use. May include stickers on cover, missing or wear to dustcover, inside cover, spine, slight curled corners, stains, and wear to the fore edge. All orders ship via UPS Mail Innovations-MAY TAKE UP TO 10 BUSINESS DAYS from first scan to be delivered.
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