The American Constitution and the Debate Over Originalism
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BeschreibungLocated 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.
InhaltsverzeichnisPreface; 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.
PortraitDennis Goldford is Associate Professor of Politics at Drake University, where he has been teaching since 1985. He received his BA in political science and philosophy from the University of Michigan, an M. Litt. in philosophy from Oxford University, and an MA and PhD in political science from the University of Chicago. He teaches in the areas of political theory, American politics, and constitutional law.
Pressestimmen"Quite illuminating" Keith E. Whittington, Drake University
Untertitel: New. Sprache: Englisch.
Verlag: CAMBRIDGE UNIV PR
Erscheinungsdatum: April 2005
Seitenanzahl: 320 Seiten