Philosophy 499
Study questions:  Dworkin's Comment, Scalia's response


1.  Dworkin seems to praise Scalia for his "textualist" approach to legal interpretation; however,
        Dworkin thinks that Scalia misapplies this approach.  How does Dworkin explain and
        defend this claim?  How does Dworkin criticize Scalia's interpretation of the 1st, 8th, and
        14th Amendments?  How does Dworkin himself interpret these amendments?  How does
        this illustrate textualism?

2.  How does Scalia address these criticisms?  In particular, how does he defend his
        Interpretaiton of the 1st and 8th Amendments as consistent with textualism?  How does
        he respond to Dworkin's other criticisms?

3.  In light of this debate, what do you think is the more plausible view of the way in which
        "textualism" applies to constitutional interpretation?  What are the main worries that
        will arise for this view, and how might we address those worries?