A Matter of Interpretation
Federal Courts and the Law
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Narrated by:
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Christopher Grove
About this listen
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 - "[D]istinguishing 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.
©1997, 2018 Princeton University Press (P)2020 TantorListeners also enjoyed...
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From war powers to health care, freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. This vital document, along with its history of political and judicial interpretation, governs our individual lives and the life of our nation. Yet most of us know surprisingly little about the Constitution itself, and are woefully unprepared to think for ourselves about recent developments in its long and storied history.
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The Constitution-A must reading for All Americans
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The Creation of the American Republic, 1776-1787
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This classic work explains the evolution of American political thought from the Declaration of Independence to the ratification of the Constitution. In so doing, it greatly illuminates the origins of the present American political system.
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This Audible book is NOT for a popular audience!
- By BigWally on 11-22-18
By: Gordon S. Wood
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The Supremes' Greatest Hits, 2nd Revised & Updated Edition
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The Supreme Court's rulings have shaped American life and justice and allowed Americans to retain basic freedoms such as privacy, free speech, and the right to a fair trial. This revised and updated edition of Michael G. Trachtman's riveting work includes 10 important cases from 2010 to 2015.
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Nice review overall.
- By "freeindeed4ever" on 02-10-20
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The Founders' Key
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Dr. Arnn, president of Hillsdale College, reveals this integral unity of the Declaration and the Constitution. Together, they form the pillars upon which the liberties and rights of the American people stand. United, they have guided history's first self-governing nation, forming our government under certain universal and eternal principles. Unfortunately, the effort to redefine government to reflect "the changing and growing social order" has gone very far toward success.
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Linking Declaration and Constitution.
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The Ideological Origins of the American Revolution
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To the original text of what has become a classic of American historical literature, Bernard Bailyn adds a substantial essay, "Fulfillment", as a postscript. Here he discusses the intense nationwide debate on the ratification of the Constitution, stressing the continuities between that struggle over the foundations of the national government and the original principles of the Revolution.
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Bernard Bailyn is a genius!
- By John M. Crean on 04-21-19
By: Bernard Bailyn
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The Constitution of Liberty
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The Constitution of Liberty is considered Hayek's classic statement on the ideals of freedom and liberty, ideals that he believes have guided - and must continue to guide - the growth of Western civilization. Here, Hayek defends the principles of a free society, casting a skeptical eye on the growth of the welfare state and examining the challenges to freedom posed by an ever-expanding government.
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very detailed and important
- By Big Kyle 570 on 06-17-20
By: Ronald Hamowy - Edited by, and others
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The Constitution Today
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When the stories that lead our daily news involve momentous constitutional questions, present-minded journalists and busy citizens cannot always see the stakes clearly. In The Constitution Today, Akhil Reed Amar, America's preeminent constitutional scholar, considers the biggest and most bitterly contested debates of the last two decades. He shows how the Constitution's text, history, and structure are a crucial repository of collective wisdom, providing specific rules and grand themes relevant to every organ of the American body politic.
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Amar is a Brilliant Arguer
- By MJ Schirmer on 11-16-16
By: Akhil Reed Amar
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Did America Have a Christian Founding?
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In this new audiobook, Hall makes the airtight case that America's Founders were not deists; that they did not create a "godless" Constitution; that even Jefferson and Madison did not want a high wall separating church and state; that most Founders believed the government should encourage Christianity; and that they embraced a robust understanding of religious liberty for biblical and theological reasons. In addition, Hall explains why and how the Founders' views are absolutely relevant today.
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Yes.
- By Philip D. Larson on 02-04-20
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We the People
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From gun control to reproductive health, a conservative Supreme Court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the US Constitution that protects the rights of all people is now.
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Hypocritical evaluation of the constitution
- By surya on 03-23-19
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In present political climate crucially important!
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On Faith is an inspiring collection of the late Supreme Court Justice Antonin Scalia's reflections on his own faith, on the challenges that religious believers face in modern America, and on the religious freedoms protected by the Constitution. Featuring a personal introduction by Justice Scalia's son Father Paul Scalia, this volume will enrich every listener's understanding of the legendary justice.
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A Man And Book That Changed Me
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The Constitution
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From war powers to health care, freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. This vital document, along with its history of political and judicial interpretation, governs our individual lives and the life of our nation. Yet most of us know surprisingly little about the Constitution itself, and are woefully unprepared to think for ourselves about recent developments in its long and storied history.
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The Constitution-A must reading for All Americans
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What listeners say about A Matter of Interpretation
Average customer ratingsReviews - Please select the tabs below to change the source of reviews.
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- Tbaley
- 01-28-23
In Depth
This book was of a more scholarly nature then all of the hundreds of recordings I have listened to in the past. That is not to complain, but to warn the prospective listeners it requires much more effort to listen.
Its content is not only an erudite topic for one of our most well know justices, but also quite germane in today’s politically-charged atmosphere surrounding the debate of Constitutional originalist interpretation (where Scalia was entrenched) and the non-originalists, so-called “living” proponents.
The author did a remarkable job of gathering sufficient remarks (essays) of contrast to Scalia’s body of work, although I felt it tilted the scales to the liberal side too much.
One other thing it took me a moment to understand is the author’s use of Democratic vs democratic. The first time he referred to Scalia as a democratic judge, it took me a moment to realize he was using the lowercase “d”!
I will be reading it again to listen to all the arguments and their details.
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- Kelly Ranger
- 01-25-21
Edifying Layout of Prevailing Interpretive Theory
As a simple voting citizen this book helped me to see a, little more clearly, the conflicts in governmental philosophy as implemented through judicial action.
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- Danilo Josue Cardona
- 07-13-24
Deeper and denser but understandable
The subject matter of the book was deeper and denser than my capabilities but that’s not on the book, the author or the commentators but on my own ignorance. Still I was able to come out with a better understanding of the philosophy and views on the US constitution and its interpretation.
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- Michael Panah
- 06-08-22
Waste
Do not waste your time. Argument on the left is pathetic. One argues that Scalia should read the constitution to the end!!
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