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Contemporary Perspectives on Constitutional Interpretation
By Susan J. Brison, Walter Sinnott-Armstrong
280 pages
- Contributors:
- Includes content by:
- Publisher:
- Westview Press
- Place of publication:
- Boulder, CO
- Publication year:
- 1993
- Subjects:
Synopsis
Current controversies over abortion, affirmative action, school prayer, hate speech, and other issues have sparked considerable public debate about how the U. S. Constitution should be interpreted. Such controversies, along with the changing composition of an often deeply divided Supreme Court, have led to a resurgence of interest in theories of constitutional interpretation. This anthology, edited by Susan J. Brison and Walter Sinnott-Armstrong, presents some of the most exciting and influential ...
Current controversies over abortion, affirmative action, school prayer, hate speech, and other issues have sparked considerable public debate about how the U. S. Constitution should be interpreted. Such controversies, along with the changing composition of an often deeply divided Supreme Court, have led to a resurgence of interest in theories of constitutional interpretation. This anthology, edited by Susan J. Brison and Walter Sinnott-Armstrong, presents some of the most exciting and influential contemporary work in this area. Written by ten of the country's most prominent legal scholars, the selections represent a wide variety of interpretive approaches, reflecting different political orientations from the far right to the far left. These theorists have drawn on a variety of other disciplines, including literature, economics, history, philosophy, and politics, and have in turn influenced these fields. The selections were chosen for their accessibility, originality, variety, and importance. Together they provide an excellent introduction to constitutional interpretation as well as a valuable collection for experienced scholars in the field.
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Table of contents
The first page of every section is available free to non-members – click a section heading to start reading now!
- Title Page iii
- Contents vii
- Acknowledgments ix
- Credits xi
- A Philosophical Introduction to Constitutional Interpretation 1
- Notes 23
- The Occasions of Constitutional Interpretation 27
- 2 - Originalism 47
- The Original Understanding 48
- Notes 65
- 3 - Common Law Method 69
- A Common Lawyer Looks at Constitutional Interpretation 70
- Conclusion 93
- Notes 94
- 4 - Pragmatism 101
- Interpretation Revisited 102
- Title Page iii
- Contents vii
- Acknowledgments ix
- Credits xi
- A Philosophical Introduction to Constitutional Interpretation 1
- Notes 23
- The Occasions of Constitutional Interpretation 27
- 2 - Originalism 47
- The Original Understanding 48
- Notes 65
- 3 - Common Law Method 69
- A Common Lawyer Looks at Constitutional Interpretation 70
- Conclusion 93
- Notes 94
- 4 - Pragmatism 101
- Interpretation Revisited 102
- Notes 115
- 5 - Law as Integrity 119
- Integrity and Interpretation 138
- 6 - Critical Race Theory 141
- The Obliging Shell: An Informal Essay on Formal Equal Opportunity 142
- Notes 163
- 7 - Feminist Legal Theory 167
- Justice Engendered 184
- 8 - Deconstruction 189
- Tradition, Betrayal, and the Politics of Deconstruction 190
- Notes 204
- 9 - Critical Legal Studies 207
- Constitutional Interpretation, Character, and Experience 228
- 10 - Scepticism 233
- Constitutional Scepticism 234
- Introduction: Constitutional Meaning and Value 234
- Notes 255
- Notes 257
- Suggestions for Further Reading 259
- About the Book and Editors 263
- About the Contributors 264
- Cases Cited 265