Ebook The Justice of Contradictions: Antonin Scalia and the Politics of Disruption
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The Justice of Contradictions: Antonin Scalia and the Politics of Disruption
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Audible Audiobook
Listening Length: 8 hours and 5 minutes
Program Type: Audiobook
Version: Unabridged
Publisher: Audible Studios
Audible.com Release Date: March 20, 2018
Whispersync for Voice: Ready
Language: English, English
ASIN: B0797LZWZH
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This is another of the volumes which have rained down upon us since the Justice's death in 2016. Some of these books are highly critical; others are adulatory. I would place this one near the center, but leaning toward the critical. One of the things I really like about the book is that the reader cannot help but gain a deeper perspective on Scalia's views and his efforts to justify his theories of interpretation. The author usually throws the writing at issue onto the dissection table and rather dispassionately starts to wield his analytical scalpel--with much interest and no hostility. In 220 pages of text and notes, the author covers nearly every facet of the Justice's arguments in a most perceptive and cogent analysis.The initial chapter sets the tone by offering an informative overview of Scalia's arguments and activities. Here is raised one of the key issues--would Scalia have been more influential and persuasive if he did not react so harshly to opposing justices and his critics? The author suggests that he probably decreased his influence by this behavior. Scalia would argue he was only writing for law students who would read his opinions in their casebooks and implement their arguments when they became judges and policymakers. Perhaps.The author is very hard on the textualism theory relative to statutes. He equates it with "word games"--need an argument, reach for an old dictionary. Scalia seems to have recognized the dangers of this "plasticity of textualism" in his famous statement "but I am not a nut" (also known as the absurdity doctrine). He also seems somewhat skeptical of the Justice's heavy reliance upon canons of construction (effectively pulverized by Judge Posner). The Justice's hostility to legislative history is probably not shared by his fellow textualists.An interesting chapter probes one of the main criticisms made against Scalia: that he did not always abide by his own theories. He modified classic originalism to mean how those then living at the time of the Constitution's drafting would apply language, not just the founders. Sometimes he would opt to rely upon American traditions and other techniques instead of orthodox originalism. Scalia was particularly fiery when cases touched upon his views of an on-going culture war, such as gay marriage, His long fight against campaign finance laws is also traced. Ironically, Scalia could surprise us when for example he had a somewhat liberal view of some criminal suspect rights; but then he would turn around and apply capital punishment rather harshly. Perhaps all this comes to is that Scalia had a very complicated mind that led him to on occasion act inconsistently. How much brilliance is too much?--a question I often asked myself regarding Judge Bork as well. A very useful and well researched book if you want to probe Scalia a bit deeper.
Who are the nine men and women who sit at the top of the judiciary in America? This book presents a clear insight into their personalities and judicial temperament by focusing on the late Justice Antonin Scalia and contrasting his style with that of other justices past and present. The decisions of the US Supreme Court have an important impact on the lives of Americans, and yet, the manner in which they arrive at their decisions are alarming. Most people know how the political ideologies influence the justices, but Hasen illustrates its workings with lucidity.How do people view the idea of conflicts of interests when they confront the justices, and Scalia is a prime example of how doubts creep up when justices do not show themselves above the veil of impartiality that shrouds the Supreme Court. Nonetheless, Scalia is depicted as a vociferous and eloquent, though irascible, egotistic and rude judge. Is that too high a price to pay for a judge at any level?
This book was eye-opening, and I enjoyed reading it. However the main thesis of the book, that Scalia’s originalism and textualism were often abandoned in favor of what the author calls his ‘conservative libertarian’ interests, felt run into the ground by the end. I felt that some of the analysis was thin. Sure, Scalia seemed to endorse contradictory views at times. But a question that is more interesting is why he would do so, and one is left wondering if the answer ‘because he was an ideologue’ is really that satisfying.
This is an excellent book by Hasen, showing the contradictions that existed in Justice Scalia's jurisprudence.
Interesting read.
Not a bad book but so often the author creates contradictions only from his own perspective rather than a thorough analysis of Scalia's actual views, as is the case of most of Scalia's detractors. Just because you hate and refuse to understand someone who has a very nuanced perspective does not make their perspective contradictory.
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