The American Constitution and the Debate over Originalism

The American Constitution and the Debate over Originalism

by Dennis J. Goldford
     
 

ISBN-10: 0521607795

ISBN-13: 9780521607797

Pub. Date: 05/31/2005

Publisher: Cambridge University Press

Located at the intersection of law, political science, philosophy, and literary theory, this book 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,

Overview

Located at the intersection of law, political science, philosophy, and literary theory, this book 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 unconstrained, unstructured constitutional interpretation that has haunted contemporary constitutional theory.

Product Details

ISBN-13:
9780521607797
Publisher:
Cambridge University Press
Publication date:
05/31/2005
Edition description:
New Edition
Pages:
318
Product dimensions:
5.98(w) x 8.98(h) x 0.71(d)

Table of Contents

Preface; Introduction; 1. The politics of originalism; 2. The concept of a living constitution; 3. Interpretivism and originalism; 4. The paradox of originalism; 5. The problem of objectivity; 6. The epistemology of constitutional discourse (I); 7. The epistemology of constitutional discourse (II); 8. The ontology of constitutional discourse (I); 9. The ontology of constitutional discourse (II); 10. Conclusion: the political character of constitutional discourse; Index.

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