Philosophy Faculty Publications and Presentations
Malevolent Legalities Discriminatology and the Specters of Scalia
Document Type
Book
Publication Date
10-31-2024
Abstract
Malevolent Legalities draws upon archival research conducted at the Scalia Papers at the Harvard Law School Historical and Special Collections to examine the influence of Justice Antonin Scalia’s judicial philosophy of “textualist-originalism” on the US Supreme Court’s antidiscrimination jurisprudence. The book focuses on six US Supreme Court cases, organized into two parts. The main argument of the book, grounded in archival and legal materials, is that textualist-originalism makes it lawful for discrimination to be performed through the text, and explicitly seeks to prevent progress by enacting a regime of “static law.”
Recommended Citation
Jobe, Kevin S. Malevolent Legalities : Discriminatology and the Specters of Scalia. The Fairleigh Dickinson University Press Series in Law, Culture, and the Humanities. Vancouver: Fairleigh Dickinson University Press, 2025. https://research.ebsco.com/linkprocessor/plink?id=bd28193d-7af1-39f6-8040-7f573df4c982
Publication Title
Malevolent Legalities: Discriminatology and the Specters of Scalia
