The Counter-Revolutionary Nature of Justice Scalia's 'Traditionalism'
27 Pac. L. J. 99 (1995)
23 Pages Posted: 2 Jun 2016
Date Written: June 1, 1995
This essay is an investigation of Justice Scalia's "traditional" jurisprudence in the area of personal jurisdiction. After a discussion of his opinion in Burnham v. SuperiorCourt,' this essay will compare his notion of "traditionalism" with the history of the doctrines of personal jurisdiction in the American legal system. The key difference between Justice Scalia's jurisprudence and the historical jurisprudence of American personal jurisdiction is that his "tradition" is one of fixed practices, not an ideological system based on values.
This essay then seeks to clarify Justice Scalia's "traditionalism" by comparing his approach to that of two rival religious traditions: those of Roman and Anglican Catholicism. There is a current intellectual debate on whether Justice Scalia's thought can be characterized as Roman Catholic. Professor George Kannar argues that Justice Scalia's thought can be traced to the rigid "Baltimore" catechism of the American Roman Catholic Church of the early 1900s,2 while Professor Donald Beschle states that such a view misconceives the social principles held by the majority of American Roman Catholics.
Keywords: Originalism, personal jurisdiction, Justice Scalia, anti-rationalism
JEL Classification: Z10
Suggested Citation: Suggested Citation