| Description |
xi, 305 pages ; 24 cm |
| Contents |
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 |
| Summary |
"Located at the intersection of law, political science, philosophy, and literary theory, this work of constitutional theory 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. The book presents the novel argument that a critique of the underlying premises of originalism dissolves not just originalism but nonoriginalism as well, which leads to the recognition that constitutional interpretation is already and always structured."--BOOK JACKET |
| Notes |
Formerly CIP. Uk |
| Bibliography |
Includes bibliographical references and index |
| Subject |
United States. Constitution.
|
|
Democracy -- United States.
|
|
Constitutional history -- United States.
|
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Constitutional law -- United States -- Philosophy.
|
| SUBJECT |
United States -- Politics and government. http://id.loc.gov/authorities/subjects/sh85140410
|
| Author |
MyiLibrary.
|
| LC no. |
2004062890 |
| ISBN |
0521845580 hardback |
|
9780521845588 hardback |
|
0521607795 paperback |
|
9780521607797 paperback |
|
