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Justices as “Sacred Symbols”: Antonin Scalia and the Cultural Life of the Law Cover

Justices as “Sacred Symbols”: Antonin Scalia and the Cultural Life of the Law

Open Access
|May 2017

Abstract

Perhaps no single judge in recent years has embodied the intricacies and difficulties of the cultural life of the law as much as American Supreme Court Justice Antonin Scalia. While common law judges have traditionally acquired status—and cultural relevance—from the significance, eloquence and forcefulness of their judicial opinions, Justice Scalia took an altogether different route. Both on and off the bench, he pushed the limits of legal and political legitimacy. He did this through a strict adherence to what we call a “judicial mandate,” flamboyant but engaging writing, biting humor and widespread marketing of his originalist and textualist interpretative theories. This article chronicles these features of Scalia’s jurisprudence and public life more generally, ultimately characterising the late justice as a “sacred symbol” in American legal and political circles, and beyond.

DOI: https://doi.org/10.1515/bjals-2017-0002 | Journal eISSN: 2719-5864 | Journal ISSN: 2049-4092
Language: English
Page range: 7 - 23
Published on: May 19, 2017
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2017 Brian Christopher Jones, Austin Sarat, published by Birmingham City University
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.