Scalia v. Scalia: Opportunistic Textualism in Constitutional Interpretation (Rhetoric, Law, and the Humanities)
On Sale Now! Free Shipping Included! Save 6% on the Scalia v. Scalia: Opportunistic Textualism in Constitutional Interpretation (Rhetoric, Law, and the Humanities) by University Alabama Press at Translate This Website. Hurry! Limited time offer. Offer valid only while supplies last. An analysis of the discrepancy between the ways Supreme Court Justice Antonin Scalia argued the Constitution should be interpreted versus how he
An analysis of the discrepancy between the ways Supreme Court Justice Antonin Scalia argued the Constitution should be interpreted versus how he actually interpreted the law.
Antonin Scalia is considered one of the most controversial justices to have been on the United States Supreme Court. A vocal advocate of textualist interpretation, Justice Scalia argued that the Constitution means only what it says and that interpretations of the document should be confined strictly to the directives supplied therein. This narrow form of constitutional interpretation, which limits constitutional meaning to the written text of the Constitution, is known as textualism.
Scalia v. Scalia:Opportunistic Textualism in Constitutional Interpretation examines Scalia’s discussions of textualism in his speeches, extrajudicial writings, and judicial opinions. Throughout his writings, Scalia argues textualism is the only acceptable form of constitutional interpretation. Yet Scalia does not clearly define his textualism, nor does he always rely upon textualism to the exclusion of other interpretive means.
Scalia is seen as the standard bearer for textualism. But when textualism fails to support his ideological aims (as in cases that pertain to states’ rights or separation of powers), Scalia reverts to other forms of argumentation. Langford analyzes Scalia’s opinions in a clear area of law, the cruel and unusual punishment clause; a contested area of law, the free exercise and establishment cases; and a silent area of law, abortion. Through her analysis, Langford shows that Scalia uses rhetorical strategies beyond those of a textualist approach, concluding that Scalia is an opportunistic textualist and that textualism is as rhetorical as any other form of judicial interpretation.
|Manufacturer:||University Alabama Press|
|Publisher:||University Alabama Press|
|Studio:||University Alabama Press|
|Item Size:||0.7 x 9.2 x 9.2 inches|
|Package Weight:||0.93 pounds|
|Package Size:||6.1 x 1 x 1 inches|
Have questions about this item, or would like to inquire about a custom or bulk order?
If you have any questions about this product by University Alabama Press, contact us by completing and submitting the form below. If you are looking for a specif part number, please include it with your message.
Related Best Sellers
By Cambridge University Press
ean: 9780521108331, isbn: 0521108330,
This book explores two basic questions regarding constitutional theory. First, in view of a commitment to democratic self-rule and widespread disagreement on questions of value, how is the creation of a legitimate constitutional regime possible? Seco...
By New York University Press
ean: 9780814736944, isbn: 0814736947,
White by Law was published in 1996 to immense critical acclaim, and established Ian Haney López as one of the most exciting and talented young minds in the legal academy. The first book to fully explore the social and specifically legal construction...
By Cambridge University Press
ean: 9781107694545, isbn: 110769454X,
What role do and should constitutions play in mitigating intense disagreements over the religious character of a state? And what kind of constitutional solutions might reconcile democracy with the type of religious demands raised in contemporary demo...
By Random House Trade
mpn: 9780812972726, ean: 9780812972726, isbn: 0812972724,
In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversi...
By University Press of Kansas
sku: 9780700618033, ean: 9780700618033, isbn: 0700618031,
Illuminating a classic case from the turbulent civil rights era of the 1960s, two of America's foremost legal historians—Kermit Hall and Melvin Urofsky—provide a compact and highly readable updating of one of the most memorable decisions in the S...
By Palgrave Macmillan
ean: 9781403940865, isbn: 140394086X,
Exploring language rights politics in theoretical, historical and international context, this book brings together debates from law, sociolinguistics, international politics, and the history of ideas. The author argues that international language rig...
By Martinus Nijhoff
ean: 9789004357747, isbn: 9004357742,
Language policy can promote stability. For many individuals and groups, language is a key component of identity, and threats to it can raise tensions. Respect for linguistic rights, whilst also considering a state's need to maintain cohesion, reduces...
By Hachette Books
ean: 9780786886203, isbn: 078688620X,
UPDATED FOR THE FIRST TIME IN 10 YEARS, The Words We Live By takes an entertaining and informative look at America's most important historical document, now with discussions about new rulings on hot-button issues such as immigration, gay marriage, th...
By Multilingual Matters
ean: 9781783099641, isbn: 178309964X,
In this ground-breaking collection of essays, the editors and authors develop the idea of Linguistic Citizenship. This notion highlights the importance of practices whereby vulnerable speakers themselves exercise control over their languages, and dra...
By Lexington Books
ean: 9781498571364, isbn: 1498571360,
This book analyzes the language policies that result from the promulgation of linguistic rights in the constitutions and statutes of the United States and its territories. The United States is a nation in which speakers of minority languages were con...