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American Constitution and the Debate over Originalism - 05 edition

by Dennis J. Goldford

American Constitution and the Debate over Originalism (ISBN10: 0511114079; ISBN13: 9780511114076)
ISBN13: 978-0511114076
ISBN10: 0511114079

Summary: Located at the intersection of law, political science, philosophy, and literary theory, this is a work of constitutional theory that explores the nature of American constitutional interpretation through a reconsideration of the long-standing debate between the interpretive theories of originalism and nonoriginalism. It traces that debate to a particular set of premises about the nature of language, interpretation, and objectivity, premises that raise the specter of unco ...show morenstrained, unstructured constitutional interpretation that has haunted contemporary constitutional theory. It presents the novel argument that a critique of the underlying premises of originalism dissolves not just originalism but nonoriginalism as well, which leads to the recognition that constitutional interpretation is already and always structured. It makes this argument in terms of the first principle of the American political system: by their fidelity to the Constitution, Americans are a textual people in that they live in and through the terms of a fundamental text.

  • It presents both a new understanding of constitutional interpretation and an innovative account of the democratic legitimacy and binding capacity of the Constitution
  • It presents the novel argument that a critique of the underlying premises of originalism dissolves not just originalism but nonoriginalism as well
  • It explores and explains the implications of the constitutive character of the Constitution
...show less

Edition/Copyright: 05
Cover: Download (ebook)
Publisher: Cambridge University Press
Year Published: 2005
International: No

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