"We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.

In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the "strict constructionism" that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly "smuggle" in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.

This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints."

"Written by one of America's leading political thinkers, this is a book about the good, the bad, and the ugly of identity politics.Amy Gutmann rises above the raging polemics that often characterize discussions of identity groups and offers a fair-minded assessment of the role they play in democracies. She addresses fundamental questions of timeless urgency while keeping in focus their relevance to contemporary debates: Do some identity groups undermine the greater democratic good and thus their own legitimacy in a democratic society? Even if so, how is a democracy to fairly distinguish between groups such as the KKK on the one hand and the NAACP on the other? Should democracies exempt members of some minorities from certain legitimate or widely accepted rules, such as Canada's allowing Sikh members of the Royal Canadian Mounted Police to wear turbans instead of Stetsons? Do voluntary groups like the Boy Scouts have a right to discriminate on grounds of sexual preference, gender, or race?

Identity-group politics, Gutmann shows, is not aberrant but inescapable in democracies because identity groups represent who people are, not only what they want--and who people are shapes what they demand from democratic politics. Rather than trying to abolish identity politics, Gutmann calls upon us to distinguish between those demands of identity groups that aid and those that impede justice. Her book does justice to identity groups, while recognizing that they cannot be counted upon to do likewise to others.

Clear, engaging, and forcefully argued, Amy Gutmann's Identity in Democracy provides the fractious world of multicultural and identity-group scholarship with a unifying work that will sustain it for years to come."

"In America today, the problem of achieving racial justice--whether through "color-blind" policies or through affirmative action--provokes more noisy name-calling than fruitful deliberation. In Color Conscious, K. Anthony Appiah and Amy Gutmann, two eminent moral and political philosophers, seek to clear the ground for a discussion of the place of race in politics and in our moral lives. Provocative and insightful, their essays tackle different aspects of the question of racial justice; together they provide a compelling response to our nation's most vexing problem.Appiah begins by establishing the problematic nature of the idea of race. He draws on the scholarly consensus that "race" has no legitimate biological basis, exploring the history of its invention as a social category and showing how the concept has been used to explain differences among groups of people by mistakenly attributing various "essences" to them. Appiah argues that, while people of color may still need to gather together, in the face of racism, under the banner of race, they need also to balance carefully the calls of race against the many other dimensions of individual identity; and he suggests, finally, what this might mean for our political life.Gutmann examines alternative political responses to racial injustice. She argues that American politics cannot be fair to all citizens by being color blind because American society is not color blind. Fairness, not color blindness, is a fundamental principle of justice. Whether policies should be color-conscious, class conscious, or both in particular situations, depends on an open-minded assessment of their fairness. Exploring timely issues of university admissions, corporate hiring, and political representation, Gutmann develops a moral perspective that supports a commitment to constitutional democracy.Appiah and Gutmann write candidly and carefully, presenting many-faceted interpretations of a host of controversial issues. Rather than supplying simple answers to complex questions, they offer to citizens of every color principled starting points for the ongoing national discussions about race."