"Justice Antonin Scalia (1936-2016) was the single most important figure in the emergence of the "new originalist" interpretation of the US Constitution, which sought to anchor the court's interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia's legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing"--Back cover.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Introduction / Francis J. Mootz III and Brian G. Slocum Part 1. The rhetoric of constitutional adjudication. Scalia as Procrustes for the majority, Scalia as Cassandra in dissent / Mary Anne Case Justice Scalia's philosophy of interpretation : from textualism to deferentialism / Scott Soames Power / Victoria Nourse Part 2. The rhetoric of statutory textualism. No vehicles on Mars / Brian G. Slocum The two Justice Scalias / Lawrence M. Solan Textualism without formalism : Justice Scalia's statutory interpretation legacy / Abbe R. Gluck Party like it's 1989 : Justice Scalia's rhetoric of certainty / Francis J. Mootz III Part 3. Applied rhetorical theory. God's justice, Scalia's rhetoric, and interpretive politics / Steven Mailloux Rhetoric, jurisprudence, and the case of Justice Scalia, or, Why did Justice Scalia, of all judges, write like that? / Darien Shanske No reasonable person / George H. Taylor, Matthew L. Jockers, and Fernando Nascimento Justice Scalia and family law / Brian H. Bix Part 4. Rhetorical criticism of Heller. Guns and preludes / Eugene Garver Of guns and grammar : Justice Scalia's rhetoric / Peter Brooks Part 5. The rhetoric of the past. A separate, abridged edition of the First Amendment / Colin Starger Rhetorical constructions of precedent : Justice Scalia's free-exercise opinion / Linda L. Berger Justice Scalia's rhetoric of overruling : throwing out the (institutional) baby with the bathwater / Clarke Rountree.
KF8745.S33 J87 2019
Chicago ; London : The University of Chicago Press,