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Textualism and Constitutional Interpretation | Library of Congress
Textualism is a mode of legal interpretation that focuses on the plain meaning of the text of a legal document . Textualism usually emphasizes how the terms in the Constitution would be understood by people at the time they were ratified, as well as the context in which those terms appear.
constitution.congress.gov
constitution.congress.gov
Textualism - Wikipedia
Textualism is a formalist theory in which the interpretation of the law is based exclusively on the ordinary meaning of the legal text.
en.wikipedia.org
en.wikipedia.org
textualism | Wex | US Law | LII / Legal Information Institute
Textualism is a method of statutory interpretation that asserts that a statute should be interpreted according to its plain meaning.
www.law.cornell.edu
www.law.cornell.edu
textualism
textualism (ˈtɛkstjuːəlɪz(ə)m) [f. prec. + -ism.] 1. Strict adherence to the text, esp. of the Scriptures; the principles or method of a textualist.1863 M. Pattison Ess. (1889) II. 286 The arbitrary textualism of the Puritan divines. 1895 Thinker VIII. 405 He feels unable..to burden his audience wit...
Oxford English Dictionary
prophetes.ai
Originalism vs. Textualism | Pacific Legal Foundation
Textualism is the theory that we should interpret legal texts, including the Constitution, based on the text's ordinary meaning.
pacificlegal.org
pacificlegal.org
Textualism is 'missing something' - Harvard Law School
Textualism must recognize the existence and relevance of unwritten law, argued William Baude, a professor of law at the University of Chicago Law School.
hls.harvard.edu
hls.harvard.edu
What Is Textualism? | Caleb E. Nelson | 768456 - UVA Law
As a methodological matter, however, textualists seem to believe that a relatively rule-based approach to interpretation is likely to bring judges closer to ...
www.law.virginia.edu
www.law.virginia.edu
[PDF] THE MISUNDERSTOOD HISTORY OF TEXTUALISM
ABSTRACT—This Article challenges widespread assumptions about the history of textualism. Jurists and scholars have sought for decades to.
scholarlycommons.law.northwestern.edu
scholarlycommons.law.northwestern.edu
Pragmatism or Textualism - Harvard Law Review
Second, the textualist promises that textualism means that judges will become less likely to overstep the bounds of their constitutionally ...
harvardlawreview.org
harvardlawreview.org
TEXTUALISM'S DEFINING MOMENT - Columbia Law Review -
Textualism promises simplicity and objectivity: Focus on the text, the whole text, and nothing but the text. But the newest version of textualism is not so ...
columbialawreview.org
columbialawreview.org
"Textualism in Practice" by Anita S. Krishnakumar
This Article provides the first empirical and doctrinal analysis of three places where modern textualist interpretive practice diverges— ...
scholarship.law.duke.edu
scholarship.law.duke.edu
Understanding the Constitution: Strict Construction, Textualism, and ...
Strict construction dictates the narrower meaning—vegetables like broccoli and cabbage. Outside of criminal law, courts rarely employ strict construction today. Strict construction is also rare in textualism and originalism. Textualism "Textualism" means interpreting a document from the document's words and structure. The pure ...
i2i.org
textuality
textuality (tɛkstjuːˈælɪtɪ) [f. as prec. + -ity.] 1. = textualism 1.1836 J. Martin's Discourses Memoir 34 Textuality, he often said, appeared to him to be one of the chief excellences of a sermon. 1888 M. W. Stryker in Interior (Chicago) 5 Apr., Deliverance, for those who have all their lifetimes be...
Oxford English Dictionary
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Legal formalism
In A Matter of Interpretation, Scalia defended textualism – and, by extension, formalism – saying:
Of all the criticisms leveled against textualism, the
wikipedia.org
en.wikipedia.org
John F. Manning
Rev. 223 (2000)
Textualism and the Equity of the Statute, 101 Colum. L. Rev. 1 (2001)
The Absurdity Doctrine, 116 Harv. L. Textualism and Legislative Intent, 91 Va. L. Rev. 419 (2005).
What Divides Textualists from Purposivists?, 106 Colum. L. Rev. 70 (2006).
wikipedia.org
en.wikipedia.org