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Posner vs. Scalia: a Case of the War on Words


An interesting book review by Richard A. Posner (Judge on U.S. Court of Appeals for the Seventh Circuit) of:

Reading Law: The Interpretation of Legal Texts,” by Antonin Scalia and Bryan A. Garner
(Thomson/West, 567 pp., $49.95)

Excerpt: “The Incoherence of Antonin Scalia, by Richard Posner, by Richard A. Posner, August 24, 2012, The New Republic:

JUDGES LIKE TO SAY that all they do when they interpret a constitutional or statutory provision is apply, to the facts of the particular case, law that has been given to them. They do not make law: that is the job of legislators, and for the authors and ratifiers of constitutions. They are not Apollo; they are his oracle. They are passive interpreters. Their role is semantic….” [Link to full article.]

Thank you to Law in the News for the tip.

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