The American C***titution and the Debate over Originalism（I***N=9780521607797） pdf kindle caj 下载 azw3 umd 电子版 夸克云

Located at the intersection of law, political science,

philosophy, and li***ry theory, this is a work of c***titutional

theory that explores the nature of American c***titutional

interpretation through a rec***ideration 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 unc***trained,

unstructured c***titutional interpretation that has haunted

contemporary c***titutional theory. It 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 c***titutional interpretation is already and

always structured. It makes this argument in terms of the first

principle of the American political system: by their fidelity to

the C***titution, Americans are a textual people in that they live

in and through the terms of a fundamental text.

Preface

Introduction

1. The politics of originalism

2. The concept of a living c***titution

3. Interpretivism and originalism

4. The paradox of originalism

5. The problem of objectivity

6. The epistemology of c***titutional discourse (I)

7. The epistemology of c***titutional discourse (II)

8. The ontology of c***titutional discourse (I)

9. The ontology of c***titutional discourse (II)

10. Conclusion: the political character of c***titutional

discourse

Index

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