As the leading legal voice of the American conservative movement, Supreme Court Justice Antonin Scalia has challenged the assumptions and legal methodology of American liberals. In this thorough and exacting study of the development of Justice Scalia's legal principles, Richard Brisbin explores the foundation and elaboration of the justice's conservative political vision. After reviewing Scalia's legal experiences before joining the Supreme Court and describing the influences on his political and legal thought, Brisbin undertakes a detailed analysis of Scalia's Supreme Court voting record and opinions. The conservative philosophy emerging from Scalia's legal decisions, Brisbin argues, assumes the legitimacy and propriety of political regimes functioning under the rule of law. It disciplines—sometimes harshly—inappropriate uses of liberty and accepts the proposition that the law can serve as an effective means to structure, interpret, and control political conflicts. The most comprehensive study of Justice Scalia's politics and jurisprudence yet published, Justice Antonin Scalia and the Conservative Revival joins a vital discussion on contemporary American conservatism and the use of the law to restrain or undermine the New Deal state.
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Editorial Reviews
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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.
(David Schultz Law and Politics Book Review )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.
(John O. McGinnis Wall Street Journal )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.
(Law and Social Inquiry )Book Description
Political scientist Richard Brisbin explores the foundation and elaboration of the justice's conservative political vision.
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3 of 24 people found the following review helpful:
5.0 out of 5 stars
lots of good stuff and some disagreement,
By A Customer
This review is from: Justice Antonin Scalia and the Conservative Revival (Paperback)
The good stuff is the potential use this text supplies for research i.e. topical guide type. A history of all or most of the cases the Justice has presided over, great stuff. The disagreement lies with his thoughts on compliance with tax authorities which is absolute and his criticism of judicial review and activism. I think the common man should be able to stand up to corporate america's manipulation and purchase of politicians and their "unrighteous decrees" (see Isaiah cp.10).
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If you attend a revival meeting, you will hear preachers wailing against the sinfulness of society. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
public interest liberalism, judicial database, moral discord, reasoned elaboration, preemptory challenges, judicial passivity, natural court, conservative revival, habeas corpus relief, legislative veto, agency expertise, specific opinions, warrant requirement, pragmatic liberalism, bureaucracy problem, pragmatic liberals, agency discretion Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, New Deal, Commerce Clause, Fourteenth Amendment, Burger Court, Establishment Clause, Rehnquist Court, Takings Clause, Fourth Amendment, Antonin Scalia, Due Process Clause, Eighth Amendment, District of Columbia, Sixth Amendment, Voting Rights Act, Harvard Law School, Warren Court, South Carolina, Free Exercise Clause, Bill of Rights, Complete Auto Transit, Felix Frankfurter, Carolene Products, Central Hudson, Confrontation Clause New!
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Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
- A Theory of Liberty: The Constitution and Minorities (After the Law) by Harry N. Hirsch on 5 pages
- The Least Dangerous Branch: The Supreme Court at the Bar of Politics by Alexander M. Bickel in Back Matter (1), Back Matter (2), and Back Matter (3)
- The Crisis of Democratic Theory: Scientific Naturalism and the Problem of Value by Edward A. Purcell Jr. in Back Matter (1), Back Matter (2), and Back Matter (3)
- On Reading the Constitution by Laurence H. Tribe in Back Matter (1), Back Matter (2), and Back Matter (3)
- Law's Violence (The Amherst Series in Law, Jurisprudence, and Social Thought) by Prof. Austin Sarat in Back Matter (1), Back Matter (2), and Back Matter (3)
See all 120 books this book cites
- Law Clerks, Support Personnel, and the Decline of Consensual Norms on the United States Supreme Court (American Legal Institutions) by Bradley J. Best on page 119, and Back Matter
- The Supreme Court and Religion in American Life, Vol. 2: From "Higher Law" to "Sectarian Scruples" (New Forum Books) by James Hitchcock in Back Matter (1), and Back Matter (2)
- Scalia Dissents: Writings of the Supreme Court's Wittiest, Most Outspoken Justice by Antonin Scalia in Back Matter
- Defining Reality: Definitions and the Politics of Meaning (Rhetorical Philosophy and Theory) by Professor Edward Schiappa PhD in Back Matter
- Originalism in American Law and Politics: A Constitutional History (The Johns Hopkins Series in Constitutional Thought) by Johnathan O'Neill in Back Matter
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