1 option
The hollow core of constitutional theory : why we need the framers / Donald L. Drakeman, University of Notre Dame.
- Format:
- Book
- Author/Creator:
- Drakeman, Donald L., author.
- Language:
- English
- Subjects (All):
- Constitutional law.
- Constitutional history.
- Constitutional law--Philosophy.
- Physical Description:
- 1 online resource (viii, 238 pages) : digital, PDF file(s).
- Place of Publication:
- Cambridge : Cambridge University Press, 2020.
- Summary:
- Originalists and living constitutionalists alike have jettisoned the Framers from contemporary constitutional theory. This book shows not only that their practical and theoretical reasoning is unsound, but also that a search for the will of the lawmaker is, and has always been, the core question for judges interpreting legal texts.
- Contents:
- The framers and contemporary constitutional theory
- The framers' intentions : who, what, and where
- Original methods and the limits of interpretation
- Original methods updating
- The semantic summing problem
- Is corpus linguistics better than flipping a coin?
- The framers' intentions can solve the semantic summing problem
- Interpretation and sociological legitimacy
- Noninterpretive decisions
- Conclusion.
- Notes:
- Title from publisher's bibliographic system (viewed on 29 Jan 2021).
- ISBN:
- 9781108620949
- 1108620949
- 9781108618038
- 1108618030
- 9781108751001
- 1108751008
- OCLC:
- 1247664095
The Penn Libraries is committed to describing library materials using current, accurate, and responsible language. If you discover outdated or inaccurate language, please fill out this feedback form to report it and suggest alternative language.