The contingency of legality creates opportunities for individuals and collective associations to oppose its norms and requirements. This article examines the context and dimensions of resistance or opposition to legality, why resistance occurs, the strategies and tactics used to conduct resistance, the outcomes of acts of resistance, and whether resistance is a meaningful social and political activity.
NOTE: This is a revised version of a paper delivered at the 1990 Annual Meeting of the American Political Science Association. The author would like to thank Edward V. Heck for his comments on the original paper. The analysis draws its information as far as possible from Scalia's off-the-bench articles and speeches and his solo dissenting and concurring positions and avoids the use of opinions that might be regarded as the views of a mjority opinion coalition. The analysis also assumes consistency in his view over time, an assumption largely confirmed by close review of his public statements since 1970.
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