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Justice Scalia : rhetoric and the rule of law / edited by Brian G. Slocum and Francis J. Mootz III.
Slocum, Brian G., editor.; Mootz, Francis J., III, editor.
2019
KF8745.S33 J87 2019 (Map It)
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Title
Justice Scalia : rhetoric and the rule of law / edited by Brian G. Slocum and Francis J. Mootz III.
Published
Chicago ; London : The University of Chicago Press, [2019]
Copyright
©2019
Call Number
KF8745.S33 J87 2019
ISBN
9780226601656 (cloth : alkaline paper)
022660165X (cloth : alkaline paper)
9780226601823 (paperback : alkaline paper)
022660182X (paperback : alkaline paper)
9780226601793 (e-book)
Description
259 pages ; 24 cm
System Control No.
(OCoLC)1043992745
Summary
"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.
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Added Author
Slocum, Brian G., editor.
Mootz, Francis J., III, editor.
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.

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