Scalia and the Institutional Approach to Law
Posted: 22 Feb 2006
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: 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
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