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Title: A Matter of Interpretation by Antonin Scalia, Amy Gutmann, Gordon S. Wood, Laurence H. Tribe, May Ann Glendon, Ronald Dworkin ISBN: 0-691-02630-0 Publisher: Princeton University Press Pub. Date: 06 January, 1997 Format: Hardcover Volumes: 1 List Price(USD): $37.50 |
Average Customer Rating: 4 (15 reviews)
Rating: 4
Summary: Recommended, but with reservations.
Comment: I assume you have seen a description of the book already. The book is good enough to be recommended overall, but there were some disappointments. First, the justice does not stay long on his professed topic, the interpretation of statutes, but goes over into constitutional interpretation. Those who make replies follow gladly, and there is really little on the whole about statutory instead of constitutional interpretation. Moreover, the justice did not make it clear enough to me how his textualist philosophy differs from literalism, which he explicitly disavows. Also dissappointing is that I think the justice could have made a much stronger case for what I do glean to be his philosophy by invoking legal principles already understood when the constitution was written, and especially by invoking Justice Story's brilliant decision in Martin v Hunter's Lessee. In that decision rules of constitutional interpretation are stated clearly and authoritatively, and are much along the lines of what Scalia advocates. Lastly, Justice Scalia's essay does not measure up to the keenness of insight and language he shows in his best dissents, though there are some good moments.
Despite these drawbacks, it is a very thought- provoking work and its brevity gives one less of an excuse for not reading it. It is largely free of technical vocabulary and there are no arcane discussions.
Rating: 5
Summary: Loyal to the Language and Letter of the Law...
Comment: This book is a must for anyone interested in the debate surrounding statutory interpretation and constitutional law. I began law school and before I knew anything - I mean a TOTALLY blank slate - about the Justices on the Supreme Court I quickly learned that I was "supposed" to hate Justice Scalia because he is a "stupid racist/facist/sexist" etc. Ironically, the more I learn about Scalia the more I understand why he is hated by the liberal left: Scalia doesn't sell out the law to political correctness. I, for one, admire that, but I don't pretend that isn't so because of my own political ideology. However, it is certain that Scalia is a brilliant and learned jurist, and, regardless of your politics, his judicial philosophy is wonderful to study.
Reserve judgment on Scalia and his Textualism until you have read, understand, and have digested the debate and Scalia's position. Be sure to ask yourself throughout the book: is the law certain? If not, ought the law be certain? If so, how ought one interpret statutes to facilitate and/or preserve the most possible certainty in the law? To underestimate Scalia is unfortunate; to dismiss him because he doesn't decide cases "your way," without considering his jurisprudence, is flat out ignorant.
Rating: 5
Summary: Intelligent discussion beats words without meaning
Comment: Adroitly Justice Scalia shows how judicial interpretation follows no known set of principles or constraints. Without a useful set of rules, the judicial branch has usurped the powers delegated to the legislative and executive branches. Instead, the judicial branch continues its common law tradition of making law for the King. Unfortunately, this practice pre-dates democratic government.
The term "interpretation" now includes the raw law making and law setting-aside power that has ripped the fundamental freedom of self governance. Have you ever wondered, when you've read a recent Supreme Court ruling about the latest, newly-unconstitutional law, that the attendant ruling makes no reference to any specific part of the Constitution? Instead, Justices refer to their previously-declared law on that or even another subject. In effect, courts have "interpreted" new law, then used that interpretation or some arbitrary re-interpretation to make whatever decision they think is best. This has led to the bold ignoring of the written law in favor of what judges (and their attendant activists) believe "should" be the law.
In this 50-page main article, Scalia lances a splinter in the eye of the "living Constitution" people. Don't get it, yet? Well, Scalia will be happy to jam a 2x4 piece of lumber in that same eye - his footnoting is right on point. In contrast, the critiques by famous (and liberal) Harvard law professors and other attendants pale in comparison. I suspect that is why the good Justice agreed to write the book in this manner. The Harvard types furnish only silly words-without-meaning to support their claims of a "living Constitution". The contrast is spectacular and enlightening.
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Title: The Supreme Court by William H. Rehnquist ISBN: 0375409432 Publisher: Alfred A. Knopf Pub. Date: 06 February, 2001 List Price(USD): $29.95 |
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Title: Coercing Virtue: The Worldwide Rule of Judges by Robert H. Bork ISBN: 0844741620 Publisher: American Enterprise Institute Press Pub. Date: 01 September, 2003 List Price(USD): $25.00 |
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Title: The TEMPTING OF AMERICA by Robert H. Bork ISBN: 0684843374 Publisher: Free Press Pub. Date: 01 January, 1997 List Price(USD): $16.00 |
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Title: First Among Equals: The Supreme Court in American Life by Kenneth W. Starr ISBN: 0446527564 Publisher: Warner Books Pub. Date: 10 October, 2002 List Price(USD): $26.95 |
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Title: The Common Law by Oliver W. Holmes ISBN: 0486267466 Publisher: Dover Publications Pub. Date: 01 July, 1991 List Price(USD): $14.95 |
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