On Scalia Textualism

Antonin Scalia was born in New Jersey on March 11, 1936. He was graduated in George University located in Washington D. C. with excellent results in 1957.He has gained culture bachelor. He has entered law School of Harvard University, where held the post of the famous editor in《Harvard law review》and graduated in 1960. He works in one law office in Ohio Cleveland from 1967 to 1961. Following two years he held the post of Fed telecommunication policy office adviser; then he held the post of USA executive session chairman for two years. In 1974, he left the learning circle entering USA Department of Justice legal adviser office assuming a post of the assistant public procurator. From 1977 till 1982, Antonin Scalia continues its learning career again in law School of Chicago University. During this period he has held the post of a editor who discusses publication of《regulation》which being come out by conservative USA enterprise research institute; President Reagan appoints him to United States court of appeals Colombia tour special administrative region judge in 1982. He was appointed as for grand justice of Supreme Court by President Reagan in 1986.He has been adopted unanimously in U.S. House of Representatives and henceforth famous for law conservatism . Antonin Scalia doctrine is called "textulism original intention", meanly to seek the original meaning of text. Paul Liker suggests "the text centre" which is the philosophy basis. Development of common law has affected American actual judicial practice, the judge has made law being as old as the hills, and textulism purpose has exercised to arrest judge's this arbitrarily discretion. Scalia's textulism mainly set forth how the judge should follow the original meaning of text when they interpret the statue and the constitution. The main body of my article is emphasized narrating constitution explanation. He controverts to follow the "unexpressed legislative intent" which is subjective and history intension which is objective. He has criticized "live constitution" at the same time this constitution evolutionism. He thinks they are easy to arouse the judge to make law, violating the democratic principle. His interpretive method includes looking up the dictionary, to abide by the certain interpretive rule, to be affected by the structuralism to ascertain inherent limited meaning of the character. Therefore he brings forward the methodology that him self's constitution explains. Scalia narrates strongly the method of the constitutional interpretation and he thinks it's the same with the statue interpretation. And he narrates textulism is quite different from "strict explanation" and "text nihilism". But textulism existes some limitations. Textulism is short of a common law explanation method, mixes up understanding of "original meaning" , textulism is not loyal to a version completely and couldn't afford a entire set of interpretation rule. Dworkin, Tribe and Wood professors criticize textulism.Scalia makes response them and expound active constitutional significance. Textulism defends democracy and individual right determinedly, Textulism rule by law is beneficial to defend the government.