10 ENGLISH BOOKS RELATING TO «TEXTUALISM»
Discover the use of textualism
in the following bibliographical selection. Books relating to textualism
and brief extracts from same to provide context of its use in English literature.
Law in the Age of Pluralism
CHAPTER 8 The Immorality of Textualism Textualism is a doctrine about statutory
interpretation. In fact, there are two versions of textualism. One branch of
textualism is basically a negative view. It maintains that in statutory interpretation
Andrei Marmor Director USC Center of Law and Philosophy, 2007
The Judge in a Democracy
PURPOSIVE INTERPRETATION AND NEW TEXTUALISM The second textualist
method—for some reason called new textualism—is a textual-objective method.
67 This method was developed in the United States for the interpretation of the ...
The Seaweed Rebellion: Federal-state Conflicts Over Offshore ...
Strict textualism views the text as the only legitimate interpretive source. While
weak textualism considers the statutory language to be the best guide regarding
legislative intent or purpose. Justice Scalia has championed a revival of strict ...
Edward A. Fitzgerald, 2001
The Theory and Practice of Statutory Interpretation
Textualism might best be conceived as simply placing limits on the sort of
extrinsic evidence relevant to interpretation and its relative significance.
Textualism may be supported on several distinct theoretical legs. The justification
for textualism, ...
Judging Under Uncertainty: An Institutional Theory of Legal ...
dinance.29 What these views have in common is a more or less expansive
commitment to holistic or coherentist textualism,10 as opposed to the sort of
clause-bound textualism that focuses principally or solely on the statutory or
Proust: Philosophy of the Novel
Note. on. Textualism. The concept of "textualism" is borrowed from the essay by
Richard Rorty on "Nineteenth-Century Idealism and Twentieth- Century
Textualism." According to Rorty, textualism is the contemporary version of
The Predicament of Postmodern Theology: Radical Orthodoxy Or ...
Radical Orthodoxy Or Nihilist Textualism? Gavin Hyman. all other discourses. In
other words, theology returns as a metanarrative which (to use Milbank's word) "
positions" all other narratives, discourses, and disciplines completely and without
American Constitutional Law: Essays, Cases, and Comparative ...
Textualism is based on the unremarkable claim that constitutional interpretation
must begin with the written word. As Antonin Scalia. the justice on the current
Supreme Court most committed to this approach, has written, "The text is the law,
Donald P. Kommers, John E. Finn, Gary J. Jacobsohn, 2004
Constitutional Interpretation : The Basic Questions: The ...
TEXTUALISM. AND. CONSENSUALISM. The. textualist says we can find what
the Constitution means by consulting the plain words of the constitutional
document. The consensualist consults a current social consensus on what the
words of ...
Sotirios A. Barber Professor of Political Science University of Notre Dame, James E. Fleming The Honorable Frank R. Kenison Distinguished Scholar in Law Boston University School of Law, 2007
Hermeneutics and Education
Richard Rorty raises a concern about textualism primarily against the thinkers of
radical hermeneutics.27 Derrida's famous statement that "there is nothing outside
of the text" (G 158) indicates a radical textualism. Derrida seemingly denies ...
10 NEWS ITEMS WHICH INCLUDE THE TERM «TEXTUALISM»
Find out what the national and international press are talking about and how the term textualism
is used in the context of the following news items.
John Roberts's Principled Mistake
Textualism requires progressives to change the world expressly, one line of text at a time, but purposivism enlists the courts as allies. They can then use the ... «City Journal, Jun 15»
Symposium: Congress has a “plan” and the Court can understand it …
Textualism rests in many ways on precisely the opposite assumption. ... But the opinion does not use the tools of textualism to shirk responsibility for the result or ... «SCOTUSblog, Jun 15»
Textualism? Purposivism? Roberts Comes Down on the Side of …
Advocates have absorbed the message, too: Invoking Holy Trinity would likely be seen as a virtual concession that one has no textualist legs to stand on, and ... «Slate Magazine, Jun 15»
Conservative Justices Love Saying a Law “Means What It Says …
Thursday further proved that this court has a love-hate relationship with textualism—the legal theory that statutes should be interpreted by their plain text and ... «Slate Magazine, Jun 15»
An Inspiring Story Of How Affirming Textualism Rescued An Industry
Burwell, I think it's worth noting a very famous example of textualism from almost 40 years ago. In that case, an entire enterprise—widely recognized as part of ... «The Federalist, Mar 15»
Good textualism vs. bad textualism
“Textualism does not require courts to read statutory provisions in a vacuum,” the amici declare. They're right, of course, but no one is suggesting otherwise. «Washington Post, Mar 15»
Reading the ACA: Textualism Versus Literalism
The U.S. Supreme Court is set to hear oral argument early next month in King v. Burwell, No. 14-114. This case challenges a key function of the Affordable Care ... «The Legal Intelligencer, Feb 15»
Justice Scalia Could Be the Decisive Vote on Obamacare
Both his answers to Grassley and his decades of jurisprudence point to the greater virtues of textualism—what the letter of the law actually says. His own 2012 ... «The New Republic, Jan 15»
Noah Feldman: Two rulings show how Scalia could kill the …
It's that both opinions reflect his approach of "textualism" — a form of literal legal ... dictionaries, which he treats as a kind of magical touchstone for his textualism. «Allentown Morning Call, Jan 15»
The test to textualism in King v. Burwell: A Reply to Abbe Gluck
Indeed, I think this piece helps show why the government has such a hard time mounting a textualist defense of the IRS rule. For starters, it's interesting to note ... «Washington Post, Nov 14»