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Interpreting Constitutions: A Comparative Study

Jeffrey Goldsworthy (ed.)

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199226474
eISBN:
9780191706707
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226474.001.0001
Subject:
Law, Comparative Law

This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided ... More


The Fictional and the Real

John Gibson

in Fiction and the Weave of Life

Published in print:
2007
Published Online:
January 2008
ISBN:
9780199299522
eISBN:
9780191714900
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199299522.003.0006
Subject:
Philosophy, Aesthetics

This chapter presents some general observations on the notion of fiction. It uses a discussion of two positions from extreme corners of currently fashionable theories of fiction as an occasion for ... More


The common law system in America

F. A. R. Bennion

in Understanding Common Law Legislation: Drafting and Interpretation

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199564101
eISBN:
9780191705465
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199564101.003.0018
Subject:
Law, Constitutional and Administrative Law

The common law world has one system of statutory interpretation, though some in the United States think constitutional enactments should be construed differently. A written constitution is incomplete ... More


Methods of Interpretation: How the Supreme Court Reads the Constitution

Lackland H. Bloom Jr

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195377118
eISBN:
9780199869510
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377118.001.0001
Subject:
Law, Constitutional and Administrative Law

This book discusses in great detail the interpretive methods that the Supreme Court and individual justices have employed to discern and explain constitutional meaning from the earliest days to the ... More


Intentionalism, Textualism, and Evolutive Interpretation

George Letsas

in A Theory of Interpretation of the European Convention on Human Rights

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199203437
eISBN:
9780191707773
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199203437.003.0004
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter looks at the role that drafters' intentions and the text should play in the interpretation of the ECHR. The European Court has been relatively consistent in rejecting intentionalism and ... More


The Immorality of Textualism

Andrei Marmor

in Law in the Age of Pluralism

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195338478
eISBN:
9780199855360
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195338478.003.0008
Subject:
Law, Philosophy of Law

This chapter argues that textualism, as a doctrine of statutory interpretation, is inherently deceptive and therefore immoral. Textualism is typically presented by its adherents as an interpretive ... More


How to Do Things with Legal Doctrine

Pierre Schlag and Amy J. Griffin

Published in print:
2020
Published Online:
May 2021
ISBN:
9780226726106
eISBN:
9780226726380
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226726380.001.0001
Subject:
Law, Philosophy of Law

“How to do Things with Legal Doctrine,” describes and explains those fundamental rhetorical moves that cut across the law school curriculum. We discuss rules vs. standards, textualism vs. ... More


The Ordinary Meaning Doctrine

Brian G. Slocum

in Ordinary Meaning: A Theory of the Most Fundamental Principle of Legal Interpretation

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226304854
eISBN:
9780226304991
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226304991.003.0001
Subject:
Law, Philosophy of Law

Chapter One introduces the central issue of the book: By what standard should legal texts be interpreted? Courts have uniformly presumed that words in legal texts should be interpreted in light of ... More


The Language of Law

Andrei Marmor

Published in print:
2014
Published Online:
June 2014
ISBN:
9780198714538
eISBN:
9780191782831
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714538.001.0001
Subject:
Law, Philosophy of Law

The purpose of this book is to employ some of the recent advances in philosophy of language to elucidate some key aspects of legal communication, mostly in the context of statutory law. The book ... More


Weak Textualism

Maurizio Ferraris

in Where Are You?: An Ontology of the Cell Phone

Published in print:
2014
Published Online:
January 2015
ISBN:
9780823256150
eISBN:
9780823261321
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823256150.003.0010
Subject:
Philosophy, General

This chapter examines the theory of weak textualism proposed by Jacques Derrida, who claims that social objects are constructed by idiomatic inscriptions (small physical objects). Before arguing that ... More


Constitutional process

Christopher J. Peters

in A Matter of Dispute: Morality, Democracy, and Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195387223
eISBN:
9780199894338
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387223.003.0009
Subject:
Law, Philosophy of Law

This chapter continues Chapter 7's defense of constitutional law and judicial review, focusing on both the relative impartiality and the reasonable competence of constitutional procedures. It ... More


What Vagueness and Inconsistency Tell Us About Interpretation

Scott Soames

in Philosophical Foundations of Language in the Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199572380
eISBN:
9780191728914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572380.003.0003
Subject:
Law, Philosophy of Law

This chapter identifies three categories of cases in which applying the content of existing law to the facts of a case doesn't determine a unique, acceptable legal outcome: firstly, those involving ... More


Textualism and the Discovery of Rights 1

John Perry

in Philosophical Foundations of Language in the Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199572380
eISBN:
9780191728914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572380.003.0006
Subject:
Law, Philosophy of Law

This chapter argues that we need to distinguish meaning-textualism from conception-textualism. The former is the view that in interpreting the constitution and other statutes, the starting point is ... More


Textualism, Intentionalism, and the Law of the Contract

Gideon Rosen

in Philosophical Foundations of Language in the Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199572380
eISBN:
9780191728914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572380.003.0007
Subject:
Law, Philosophy of Law

Most philosophical discussions of the relation between language and the law have focused on the interpretation of public law enactments: statutes, constitutional provisions, and administrative ... More


Textualism and Anthropology: On the Ethnographic Encounter, or an Experience in the Hajj

Abdellah Hammoudi

in Being There: The Fieldwork Encounter and the Making of Truth

Published in print:
2009
Published Online:
May 2012
ISBN:
9780520257757
eISBN:
9780520943438
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520257757.003.0002
Subject:
Anthropology, Anthropology, Theory and Practice

This chapter focuses on the specific form of textualism that moves away from fieldwork, in the sense of a prolonged encounter and conversation with some people, and privileges encounter through the ... More


Text versus Context: The Failure of the Unitary Law of Contract Interpretation

Robert E. Scott

in The American Illness: Essays on the Rule of Law

Published in print:
2013
Published Online:
October 2013
ISBN:
9780300175219
eISBN:
9780300195071
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300175219.003.0015
Subject:
Political Science, American Politics

This chapter focuses on individually tailored contracts commercial parties negotiate for themselves. These contracts are distinguished from consumer contracts, where liberal rules of interpretation ... More


Literal Meaning, the Dictionary and the Law

Christopher Hutton

in Language, Meaning and the Law

Published in print:
2009
Published Online:
September 2012
ISBN:
9780748633500
eISBN:
9780748671489
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748633500.003.0006
Subject:
Linguistics, Applied Linguistics and Pedagogy

This chapter looks more closely at some issues and trends in legal interpretation and legal decision making, against a background of debates in the United States in particular between originalism, ... More


– Cultural Studies versus Post-Marxism

Paul Bowman

in Post-Marxism Versus Cultural Studies: Theory, Politics and Intervention

Published in print:
2007
Published Online:
March 2012
ISBN:
9780748617623
eISBN:
9780748652785
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748617623.003.0002
Subject:
Political Science, Political Theory

This chapter examines the difference between the post-Marxist notion of ‘discourse’ and the deconstructive notion of ‘text’ in relation to problems of knowing the political, exploring the problems of ... More


The Rules on Interpretation: Misgivings, Misunderstandings, Miscarriage? The ‘Crucible’ Intended by the International Law Commission

Mark E. Villiger

in The Law of Treaties Beyond the Vienna Convention

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199588916
eISBN:
9780191728938
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588916.003.0006
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter concentrates on the means of interpretation as codified in Articles 31 and 32 of the 1969 Vienna Convention. It also deals with the misgivings as to rules on interpretation, namely as to ... More


Antonin Scalia and American Constitutionalism: The Historical Significance of a Judicial Icon

Edward A. Purcell, Jr.

Published in print:
2020
Published Online:
June 2020
ISBN:
9780197508763
eISBN:
9780197508794
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197508763.001.0001
Subject:
Law, Constitutional and Administrative Law, Legal History

Antonin Scalia and American Constitutionalism is a critical study of Justice Antonin Scalia’s jurisprudence, his work on the U.S. Supreme Court, and his significance for an understanding of American ... More


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