Philosophy 499
Study questions:  Scalia, "Common-law Courts in a Civil-law System"


1.  How does Scalia explain the distinction between "subjective legislative intent" and "objectified
        intent" as goals of legal interpretation?  What does he think are the dangers of searching
        for subjective legislative intent?

2.  What is the case of the Church of the Holy Trinity, and what point does Scalia think it illustrates
        about legel interpretation?

3.  Scalia names his theory of interpretation "textualism."  What are the main features of "textualism"
        as a theory of legal interpretation.  How do the cases he considers illustrate this approach?

4.  Scalia characterizes his opponents as "devotees of the Living Constitution."  How does he describe
        this alternative approach to legal (especially Constitutional) interpretation?