Overview

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.

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Antonin Gregory Scalia was an Associate Justice of the Supreme Court of the United States from 1986 until his death in bed at a donor's ranch in 2016. Appointed to the Court by President Ronald Reagan in 1986. Scalia was described as the chief architect of the originalist and textualist position in the Court's conservative wing. Christopher Grove is an actor, writer, and audiobook narrator. His narrations include Eye of the Storm, The Quantum Enigma, and the Right Kind of Crazy.

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