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 US 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.
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. In the spirit of debate, Justice Scalia responds to these critics.
Featuring a new foreword that discusses Scalia's impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.
© 2020 Tantor Audio (오디오북 ): 9781705233245
출시일
오디오북 : 2020년 5월 26일
태그
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 US 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.
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. In the spirit of debate, Justice Scalia responds to these critics.
Featuring a new foreword that discusses Scalia's impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.
© 2020 Tantor Audio (오디오북 ): 9781705233245
출시일
오디오북 : 2020년 5월 26일
태그
격이 다른 오디오북 생활을 경험해보세요!
3 평점을 기준으로 한 전체 평점
영감을 줘요
생각할 거리를 주네요
지적이군요
대화에 참여하고 리뷰를 추가하려면 앱을 다운로드하세요.
한국어
대한민국