The flexible constitution

著者

    • Wilson, Sean

書誌事項

The flexible constitution

Sean Wilson

Lexington Books, c2013

  • : cloth

大学図書館所蔵 件 / 全6件

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注記

Includes index

内容説明・目次

内容説明

This is an ambitious work on constitutional theory. Influenced by the views of Ludwig Wittgenstein, Sean Wilson tackles the problem of how a judge can obey a document written in ordinary, flexible language. He argues that whether something is "constitutional" is not an historical fact, but is an artisan judgment. Criteria are set forth showing why some judgments represent superior connoisseurship and why others do not. Along the way, Wilson offers a potent critique of originalism. He not only explains this belief system, but shows why it is inherently incompatible with the American legal system. His conclusion is that originalism can only be understood as a legal ideology, not a meaningful contribution to philosophy of law. The ways of thinking about constitutional interpretation provided in the book end up challenging the scholarship of Ronald Dworkin and numerous law professors. And the findings also challenge the way that professors of politics often think about whether a judge has "followed law."

目次

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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