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JUSTICE ANTONIN SCALIA AND THE CONSERVATIVE REVIVAL

JUSTICE ANTONIN SCALIA AND THE CONSERVATIVE REVIVAL Softcover - 1998

by Brisbin Jr., Richard A

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Description

Baltimore: Johns Hopkins University Press, 1998. First Edition Thus; First Printing. Softcover. Book condition is Very Good in wraps. Text is clean and unmarked. ; 8.97 X 5.97 X 1.19 inches; 488 pages.
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From the rear cover

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, political scientist Richard Brisbin explores the foundation and elaboration of the justice's conservative political vision. Scalia's jurisprudence, Brisbin contends, values order and stability over pragmatism and experiment, relying on a majoritarian view rather than on any nucleus of founding principles embedded in the American constitution. 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. Brisbin concludes that the language of Scalia's legal opinions reinforces a politics of inequality.

About the author

Richard A. Brisbin, Jr., associate professor of political science at West Virginia University, is co-author of West Virginia Politics and Government.

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