Scalia and the Institutional Approach to Law

Posted: 22 Feb 2006

See all articles by Tony Cole

Tony Cole

University of Leicester Law School

Abstract

This article examines Antonin Scalia's theory of constitutional interpretation, as laid out in his book A Matter of Interpretation. It argues that while Scalia's own account of his theory is at times inadequate, a coherent theory can be drawn from his writings. This theory emphasizes the role of institutions, rather than individuals, in the law. The resulting textualist approach to originalism is then defendend against criticisms made in the literature.

Keywords: Scalia, jurisprudence, constitution, interpretation, textualism, originalism

Suggested Citation

Cole, Tony, Scalia and the Institutional Approach to Law. University of Toledo Law Review, Vol. 34, p. 559, 2003, Available at SSRN: https://ssrn.com/abstract=882430

Tony Cole (Contact Author)

University of Leicester Law School ( email )

University Road
Leicester LE1 7RH, LE1 7RH
United Kingdom

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