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

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 force...

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Bibliographic Details
Published in:British journal of American legal studies 2017-05, Vol.6 (1), p.7-23
Main Authors: Christopher Jones, Brian, Sarat, Austin
Format: Article
Language:English
Subjects:
Culture
Ginsburg, Ruth Bader
Hearings & confirmations
Jurisprudence
Nominations
Philosophers
Politicization
Presidential elections
Roberts, John G Jr
Scalia, Antonin
State laws
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Summary: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.
ISSN:2049-4092
2049-4092
2719-5864
DOI:10.1515/bjals-2017-0002