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Brisbin's book on Scalia draws upon all of these traditions and more, aspiring to be a comprehensive, almost biographical effort to explain the elements influencing the Justice's decision-making and the make-up of his political vision. Rich in voting data and inclusive in discussing Scalia's most important Court of Appeals and Supreme Court decisions, the book offers many fine arguments and observations.
Richard Brisbin shows us another reason why Justice Scalia is unpopular in certain precincts: In a time of value-relativism and militant identity politics, he is the leading exponent of Enlightenment beliefs. Justice Scalia's jurisprudence, Mr. Brisbin shows, seeks to protect our property from bureaucrats, to require that people be treated as individuals rather than as representatives of a class or race, and to use the rule of law as a restraint against disorder and conflict. As an advocate of postmodernism and a proud egalitarian, Mr. Brisbin appears to deplore these results, but he has the fairness to acknowledge that Justice Scalia is a tenacious exponent of the politics of reason that the Framers bequeathed to us through a written constitution.
Brisbin argues that Justice Scalia's jurisprudence values order and stability over pragmatism and experiment, relying on a majoritarian view rather than on any nucleus of founding principles embedded in the Constitution... He concludes that the language of Scalia's legal opinions reinforces a politics of inequality by excluding the effect of social and economic factors on equality under the law.
About
Book Details
Publication Date
Status
Available
Trim Size
6
x 9
Pages
488
ISBN
9780801860942
Table of Contents
Preface and Acknowledgements
Introduction: Antonin Scalia and the New American Conservatism
Chapter 1. From Professor to Pundit
Chapter 2. Rewiring the D.C. Circuit
Chapter 3. Scalia and the Conservatism
Preface and Acknowledgements
Introduction: Antonin Scalia and the New American Conservatism
Chapter 1. From Professor to Pundit
Chapter 2. Rewiring the D.C. Circuit
Chapter 3. Scalia and the Conservatism of the Reagan Administration
Chapter 4. Presidential Leadership and the Separation of Powers
Chapter 5. The Trick of Harnessing Federal Power
Chapter 6. Equality Through the Panacea of Neutral Law
Chapter 7. Ordering the Chaos of Expression
Chapter 8. Crime and the Power of the State
Chapter 9. Protecting Bodies and Property
Chapter 10. The Rule of Law and the Limits of the Conservative Revival
Chapter 11. The Artifice of Scalia's Political Message
Notes
Bibliography of the Publications of Antonin Scalia to 1 November 1995
Index
