This is a new Wittgensteinian account of the American Constitution that provides a fresh perspective on how judges can follow a legal document written in flexible language. The book shows why originalism is incompatible with the American legal system and challenges the views of Ronald Dworkin and numerous law professors.
This is a new Wittgensteinian account of the American Constitution that provides a fresh perspective on how judges can follow a legal document written in flexible language. The book shows why originalism is incompatible with the American legal system and challenges the views of Ronald Dworkin and numerous law professors.
Sean Wilson is a digital soundtrack journalist with extensive experience writing for Cineworld Cinemas, Composer Magazine, Den of Geek, Flickering Myth and HeyUGuys. Based in Bristol, south-west UK, he has conducted numerous interviews with many of Hollywood's most accomplished film composers.
Inhaltsangabe
Chapter 1: Wittgenstein, Law and Originalism Part I: Interpreting the Constitution Chapter 2: Obeying Flexible Commands Chapter 3: Is There a Fixed Meaning? Chapter 4: Public Meaning v. Meaning as Use Chapter 5: The Flexible Constitution Chapter 6: Structuralism and Polysemy Chapter 7: Law as Connoisseur Judgment Part II: Understanding Originalism Chapter 8: The Philosophy of Framers' Intent Chapter 9: Why Framers' Intent is Flawed Chapter 10: The New Originalism Chapter 11: The Constitution as Old Society Chapter 12: Cultural Construction Chapter 13: What Originalism Really Is Appendix: The Philosophical Investigation
Chapter 1: Wittgenstein, Law and Originalism Part I: Interpreting the Constitution Chapter 2: Obeying Flexible Commands Chapter 3: Is There a Fixed Meaning? Chapter 4: Public Meaning v. Meaning as Use Chapter 5: The Flexible Constitution Chapter 6: Structuralism and Polysemy Chapter 7: Law as Connoisseur Judgment Part II: Understanding Originalism Chapter 8: The Philosophy of Framers' Intent Chapter 9: Why Framers' Intent is Flawed Chapter 10: The New Originalism Chapter 11: The Constitution as Old Society Chapter 12: Cultural Construction Chapter 13: What Originalism Really Is Appendix: The Philosophical Investigation
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