- Table View
- List View
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, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law. " But is this common-law 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 Scalia's ideas about judicial interpretation from varying standpoints.
Select your download format based upon: 1) how you want to read your book, and 2) compatibility with your reading tool. For more details, visit the Formats page under the Getting Started tab.See and hear words read aloud
- DAISY Text - See words on the screen and hear words being read aloud with the text-to-speech voice installed on your reading tool. Navigate by page, chapter, section, and more. Can also be used in audio-only mode. Compatible with many reading tools, including Bookshare’s free reading tools.
- DAISY Text with Images - Similar to DAISY Text with the addition of images within the Text. Your reading tool must support images.
- Read Now with Bookshare Web Reader - Read and see images directly from your Internet browser without downloading! Text-to-speech voicing and word highlighting are available on Google Chrome (extension installation required). Other browsers can be used with limited features. Learn more
- DAISY Audio - Listen to books in audio-only mode with the high-quality Kendra voice by Ivona pre-installed. Navigate by page, chapter, section, and more. Must be used with a DAISY Audio compatible reading tool.
- MP3 - Listen to books in audio-only mode with the high-quality Kendra voice by Ivona pre-installed. Navigate using tracks. Can be used with any MP3 player.
- BRF (Braille Ready Format) - Read with any BRF compatible refreshable braille display; navigate using the search or find feature.
- DAISY Text - Read with any DAISY 3.0 compatible refreshable braille display, navigate by page, chapter, section, and more.
- Embossed Braille - Use Bookshare’s DAISY Text or BRF formats to generate embossed braille.