CATHOLIC CHARITIES GIVES BOOKS WITH SERVICES
Catholic Charities of the Diocese of Fort Wayne South Bend received four […]
Hello, I'm an eBook!
ATTENTION: This item is an eBook. It can be read on iOS, Android, MAC and PC's with a supported eReader. It is not a physical book. eBooks are available via download immediately after you've checked out.
Shipped from other seller
Half Price Books Inc
Cloud 9 Books
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 judicialdiscretion 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 Scalia's ideas about judicial interpretation from varying standpoints.
Our best deal on used books 3 for $10 and just $3 each additional book. Shop and Save
Our gift certificates are quick, easy and sure to suit everyone, perfectly. Order Gift Certificates »
We match every book you purchase with a book donation. Learn more »
Sign up now to get news, sales and special promotions!
© Better World Books (BetterWorldBooks.com)