A MATTER OF INTERPRETATION

FEDERAL COURTS AND THE LAW

Supreme Court Justice Scalia posits his views of how statutes and the Constitution should be interpreted; a noted historian and three distinguished legal scholars respond. Scalia, whom journalistic shorthand often renders the intellectual leader of the Court's right wing, sets forth the principles of what he calls ``textualism'' and others call ``original intent.'' To reduce a complex and subtle argument to a sentence, he believes that judges should discern a law's import from the words in which it is stated, not from divining the legislative intent behind its passage or interpreting the text through analysis of its historical context; he finds the application of common-law adjudicature to constitutional issues a threat to democracy. Apart from Mary Ann Glendon, who contributes a rather dry comparison of the techniques of statutory interpretation in European civil-law countries with those derived from our common-law traditions, the replies take exception to Scalia's method. Glendon's Harvard Law School colleague Laurence Tribe lauds Scalia's insistence on a close reading of statutory texts but contends that specific constitutional language must be studied ``in light of the Constitution as a whole and the history of its interpretation''; he doubts that any set of ``rules'' for constitutional exegesis is possible. Ronald Dworkin, of New York University Law School, finds textualism inadequate for constitutional analysis because ``key constitutional provisions, as a matter of their original meaning, set out abstract principles rather than concrete or dated rules.'' Brown University historian Gordon Wood disputes Scalia's contention that judges only recently began usurping authority from elected legislatures. Although all of the authors write clearly, it is unlikely that anyone not fairly well versed in constitutional law will fully grasp their arguments. A small but worthwhile addition to the literature.

Pub Date: Jan. 1, 1997

ISBN: 0-691-02630-0

Page Count: 128

Publisher: Princeton Univ.

Review Posted Online: May 20, 2010

Kirkus Reviews Issue: Nov. 1, 1996

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IN MY PLACE

From the national correspondent for PBS's MacNeil-Lehrer Newshour: a moving memoir of her youth in the Deep South and her role in desegregating the Univ. of Georgia. The eldest daughter of an army chaplain, Hunter-Gault was born in what she calls the ``first of many places that I would call `my place' ''—the small village of Due West, tucked away in a remote little corner of South Carolina. While her father served in Korea, Hunter-Gault and her mother moved first to Covington, Georgia, and then to Atlanta. In ``L.A.'' (lovely Atlanta), surrounded by her loving family and a close-knit black community, the author enjoyed a happy childhood participating in activities at church and at school, where her intellectual and leadership abilities soon were noticed by both faculty and peers. In high school, Hunter-Gault found herself studying the ``comic-strip character Brenda Starr as I might have studied a journalism textbook, had there been one.'' Determined to be a journalist, she applied to several colleges—all outside of Georgia, for ``to discourage the possibility that a black student would even think of applying to one of those white schools, the state provided money for black students'' to study out of state. Accepted at Michigan's Wayne State, the author was encouraged by local civil-rights leaders to apply, along with another classmate, to the Univ. of Georgia as well. Her application became a test of changing racial attitudes, as well as of the growing strength of the civil-rights movement in the South, and Gault became a national figure as she braved an onslaught of hostilities and harassment to become the first black woman to attend the university. A remarkably generous, fair-minded account of overcoming some of the biggest, and most intractable, obstacles ever deployed by southern racists. (Photographs—not seen.)

Pub Date: Nov. 1, 1992

ISBN: 0-374-17563-2

Page Count: 192

Publisher: Farrar, Straus and Giroux

Review Posted Online: May 20, 2010

Kirkus Reviews Issue: Sept. 1, 1992

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Necessarily swift and adumbrative as well as inclusive, focused, and graceful.

A LITTLE HISTORY OF POETRY

A light-speed tour of (mostly) Western poetry, from the 4,000-year-old Gilgamesh to the work of Australian poet Les Murray, who died in 2019.

In the latest entry in the publisher’s Little Histories series, Carey, an emeritus professor at Oxford whose books include What Good Are the Arts? and The Unexpected Professor: An Oxford Life in Books, offers a quick definition of poetry—“relates to language as music relates to noise. It is language made special”—before diving in to poetry’s vast history. In most chapters, the author deals with only a few writers, but as the narrative progresses, he finds himself forced to deal with far more than a handful. In his chapter on 20th-century political poets, for example, he talks about 14 writers in seven pages. Carey displays a determination to inform us about who the best poets were—and what their best poems were. The word “greatest” appears continually; Chaucer was “the greatest medieval English poet,” and Langston Hughes was “the greatest male poet” of the Harlem Renaissance. For readers who need a refresher—or suggestions for the nightstand—Carey provides the best-known names and the most celebrated poems, including Paradise Lost (about which the author has written extensively), “Kubla Khan,” “Ozymandias,” “The Charge of the Light Brigade,” Wordsworth and Coleridge’s Lyrical Ballads, which “changed the course of English poetry.” Carey explains some poetic technique (Hopkins’ “sprung rhythm”) and pauses occasionally to provide autobiographical tidbits—e.g., John Masefield, who wrote the famous “Sea Fever,” “hated the sea.” We learn, as well, about the sexuality of some poets (Auden was bisexual), and, especially later on, Carey discusses the demons that drove some of them, Robert Lowell and Sylvia Plath among them. Refreshingly, he includes many women in the volume—all the way back to Sappho—and has especially kind words for Marianne Moore and Elizabeth Bishop, who share a chapter.

Necessarily swift and adumbrative as well as inclusive, focused, and graceful.

Pub Date: April 21, 2020

ISBN: 978-0-300-23222-6

Page Count: 304

Publisher: Yale Univ.

Review Posted Online: Feb. 9, 2020

Kirkus Reviews Issue: March 1, 2020

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