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Justice Antonin Scalia and the Conservative Revival
by:Richard A. Brisbin Jr.
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...
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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