A Matter of Interpretation: Federal Courts and the Law (The University Center for Human Values Series) by Antonin Scalia
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Book Reviews of A Matter of Interpretation: Federal Courts and the Law (The University Center for Human Values Series)
Book Review: Not as incisive or insightful as I expected
Summary: 3 Stars
Frankly, I was disappointed in the depth of insight and reflection offered in this book. This little volume is essentially a recapitulation of a narrow and shallow view of Constitutional Law and exegesis of the US Constitution that lacks a unifying logic or point of view that underlies it. And, I found him disingenuous in that he adopts a literalist position while knowing full well that no such position is possible in reading documents more complex and abstract than simple assembly instructions. His responses to the criticisms of Dworkin, Glendon, Tribe and Wood were frequently glib and self-indulgent, even self-congratulatory. Contrast this work with Justice Breyer's Active Liberty.Book Review: boundaries of subjectivity
Summary: 2 Stars
My favorite part of the book is when Scalia criticizes those who bash textualism for being formalistic. "Of course, it's formalistic! Law is formalistic!," he claims.
Beyond that, the book is more or less dull precisely because Scalia did not provide any satisfying answer to any of the non-originalist criticisms.
One of the core criticisms raised against Scalia is that originalist interpretation can be, too, and often is, a subjective view of an individual judge. It's just a matter of how you, as a judge, support your decision and originalist judges tend to stick by their textual interpretation as a way of doing that. But how, one might ask, do you prove that the text is saying what you believe it is saying? Some say we should rely on legislative or framers' intent. But that doesn't solve the problem either, because there has to be an interpretation of the intent, and there you see another layer of subjectivity involved.
I hope someday Scalia, or any other originalist for that matter, can clearly answer the criticism so that we all can move on to the next stage. But this book is not doing that.
Book Review: A unique and fascinating foray in the controversial area of constitutional interpretation:
Summary: 4 Stars
This is an excellent book that provides valuable insight into understanding the modern controversy and problem of construing the American Constitution. Unique in that Justice Scalia graciously provides his theory first. He is then rebutted in different ways by university scholars in very varied manner. Each rebuttal is quite unique and interesting in its own right. Fascinating in that Scalia also provides responses to each rebuttal at the end of the book.
The format is very educational and enlightening and it's remarkable that a sitting Justice of the Supreme Court would provide such candid and unapologetic theory of interpretation, knowing that his views would face challenging if not scathing attack by some very important scholars on the topic.
The only thing that would have made this book more interesting is a discussion, or forward describing just how this process of argument, response and rebuttal was organized. Just how did these authors get together to create such an honest discussion of what are, in some cases, very polar views on the issue of interpretation. That's why I gave it four stars. But I loved it.
I would caution that some of the writing is technical both legally and philosophically. Legally in that some discussion referring to the doctrine of incorporation seem to be assumed understood. Philosophically in that Dworkin's discussion of "meaning" and "intention" could be daunting though I think he does a beautiful job of simplifying and clarifying what are often considered some of the most complex philosophical issues of the 20th Century.
Very well done. Very appreciated work. I was fascinated and thoroughly enjoyed the format of argument, counterargument and response.
Book Review: Good, but...
Summary: 4 Stars
First of all, let me make it clear that I think Scalia is a brilliant Justice. I have a very high level of respect for him intellectually. However, I think that he is too conservative, as is this book. I still think people should read it, because I advocate hearing all sides of an argument, but I thoroughley disagree with Scalia's opinions.
Be that as it may, everyone should sill read this insightful and interesting book, if for no other reason than the debate that takes place at the end of the book.
Book Review: A Lot of Strong Points With a Few Frustrations
Summary: 4 Stars
I think the largest challenge facing Scalia was turning his simple philosophy into an entire book.
When interpreting the constitution we should look at its original meaning.
There it is in 11 words. Scalia manages to expound on his theory a little bit by differentiating it from strict textualism and reinforcing his views here and there. Scalia allows several scholars to give their replies followed by Scalia's rebuttals. This back-and-forth provides an engaging read and expands the simple premise into a full-length, comprehensive read. All in all I enjoyed this book.
I feel compelled to warn potential readers that from time to time this book will sink into the worst of academia. That pseudo-intellectual, acting smart for the sake of sounding smart mentality that plagues universities across the country. These lapses are usually brief and do not greatly detract from what is otherwise a great book on an important debate currently occuring within the highest court in America.
I also recommend you read Active Liberty by Justice Breyer. I have nothing against Tribe, Dworkin or the other respondents in this book, but Breyer takes the discussion out of originalism and into his own philosophy.