Justice Scalia

Rhetoric and the Rule of Law

Brian G. Slocum, Prof. Francis J. Mootz, III

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English

University of Chicago Press
06 March 2019

Judicial review

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.

Edited by: Brian G. Slocum, Prof. Francis J. Mootz, III
Imprint: University of Chicago Press
Country of Publication: United States
Edition: Abridged edition
Dimensions: Height: 229mm, Width: 152mm,
ISBN: 9780226601823
ISBN 10: 022660182X
Pages: 288
Publication Date: 06 March 2019
Audience: General/trade , ELT Advanced
Format: Paperback
Publisher's Status: Active

Brian G. Slocum and Francis J. Mootz III are professors of law at the University of the Pacific, McGeorge School of Law in Sacramento, California.