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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
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Textualism
Textualism is a formalist theory in which the interpretation of the law is primarily based on the ordinary meaning of the legal text, where no consideration Strict constructionism is often misused by laypersons and critics as a synonym for textualism.
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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 ...
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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
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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).
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Judicial interpretation
Textualism primarily interprets the law based on the ordinary meaning of the legal text. A good example of multiple approaches to textualism comes in Bostock v.
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Original intent
Original intent cannot be reconciled against textualism. theory which is incoherent with the underlying textualism.
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PGE v. Bureau of Labor and Industries
Notable interpretive theories are textualism, intentionalism, and purposivism. cases so rarely went beyond the textual/contextual first step, especially when compared to pre-PGE trends, Professor Gluck termed the framework "modified textualism
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Strict constructionism
However, "strict construction" is not a synonym for textualism or originalism. Supreme Court Justice Antonin Scalia, a major proponent of textualism, said that "no one ought to be" a strict constructionist, although to be a strict
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Onirism
Ţepeneag între onirism, textualism, postmodernism. Craiova: Aius
Pavel, Laura (2007). Dumitru Ţepeneag şi canonul literaturii alternative.
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Amanda Hollis-Brusky
Supreme Court and the conservative legal movements of originalism and textualism.
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Original meaning
Theory
Original meaning is a formalist theory, and a logical extension of textualism. See also
Judicial activism
Legal formalism
Originalism
Original intent
Textualism
References
Philosophy of law
Intention
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Purposive approach
The move away from staunch textualism is primarily attributed to the "revolution" of the Mason Court. Purposivism in the United States is considered a strain of originalism, alongside textualism and intentionalism.
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Gavin Hyman
Works authored
The Predicament of Postmodern Theology: Radical Orthodoxy or Nihilist Textualism?, Westminster: John Knox Press, 2001.
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