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Topic: Textualism


In the News (Tue 25 Jun 19)

  
  'SUUNYATAA, TEXTUALISM, AND INCOMMENSURABILITY
Indeed, it is central to textualism that it is only in relation to a particular conceptual scheme, tradition, or whatever that one knows anything at all.
If one maintains that the organizing concepts of experience are 'indissolubly' related to certain conditions, as would be the case with textualism, the concern would be as with a produced (causal) effect: The effect does not exist in the conditions that are separated or combined.
Textualism shows a distinct reluctance for arguments in favor of a general view regarding the categories and principles operative in a theory of fundamental rationality.(12) But for the Maadhyamika, this is exactly the issue.
ccbs.ntu.edu.tw /FULLTEXT/JR-PHIL/michael.htm   (4374 words)

  
 The New Atlantis - A Journal of Technology and Society   (Site not responding. Last check: 2007-11-05)
To advance this view, originalist textualism adopts an extraordinarily conservative limiting principle, fixing the meaning of the text in a temporal framework (i.e., the meaning of the text when it was actually written).
Perhaps it is useful to contrast originalist textualism with the competing liberal approach, which seeks to interpret and apply the provisions of the Constitution according to conventional (rather than original) meaning.
The fundamental value that originalist textualism seeks to advance is a particular conception of self-governance through democratic means, and it is this value that shapes its legal response to technological change.
www.thenewatlantis.com /archive/5/sneadprint.htm   (3524 words)

  
 Issues in Legal Scholarship
Yet textualism also recognizes two exceptions that allow interpreters to depart from the plain meaning of the statutory text: an absurd results rule and a scrivener's error doctrine.
Textualism's exceptions conflict with the theoretical argument for textualism; undermine the need for, and likelihood of, legislative correction of statutory mistakes; and encourage claims of absurdity and drafting error that consume the precious time and other resources of judges, attorneys, and litigants alike.
Textualism, in short, would be better served by always adhering to the statutory text rather than defending any exceptions.
www.bepress.com /ils/iss3/art15   (182 words)

  
 Statutory Interpretation in the Supreme Court of Canada
Textualism is built on the proposition that the only reliable indicator of legislative intention is the meaning of the legislative text.
For citizens to receive fair notice of the law and to arrange their affairs with reasonable security, they must be able to rely on the apparent meaning of the legislative text, which is assumed to be its literal meaning.
The chief virtue of pragmatism is that it recognizes the limitations of text and intention as determinants of outcomes in statutory interpretation cases and it reconciles the resulting judicial activism with democracy and the rule of law.
aix1.uottawa.ca /~resulliv/legdr/siinscc.html   (20503 words)

  
 coninterp   (Site not responding. Last check: 2007-11-05)
Textual structuralism places more emphasis on determining the meaning of a particular clause in relation to other provisions, and the context of the whole document.
Interpreting the establishment clause from the perspective of textual structuralism would require an interpreter to consider not only the words of that particular provision but also those of the adjoining free exercise clause, possibly the equal protection clause of the Fourteenth Amendment, and the prohibition in Article VI on religious tests for federal officials.
Purposive textualism, which may be used in conjunction with either of the other two approaches, considers what the goal of either an isolated clause or the text as a whole attempts to achieve and interprets accordingly.
www.udel.edu /poscir/suedavis/coninterp.htm   (2388 words)

  
 [No title]
Textualism is not equivalent to what Americans refer to as 'originalism' because those judges who adhere to textualism do not place much significance on the beliefs, expectations and values of those who draft legal texts.
The frequent adoption of textualism as an orientation by Australian judges does not mean that political ideals and the competing conceptions of democracy that various theorists advocate are irrelevant in constitutional law.
Justice Frankfurter also emphasises that textualism is likely to be more efficient in leaving policy leadership in the hands of legislators who must respond to the wishes of the people.[36] In this connection, Justices Frankfurter and Sir Owen Dixon both understand that the disciplined approach required by textualism is functional in establishing trust.
www.gongfa.com /tuckerwenbenzhuyi.htm   (13125 words)

  
 Reason Magazine - Vexed by the Text
Textual arguments must eventually be contested on textual grounds, and this necessity has a constraining effect.
However, his understanding of textualism systematically drives interpreters toward results that are far more individualistic than judicial flights into constitutional values and emanations, which will almost invariably have a collectivist bent.
If textualism is in one sense not enough of a constraint (thus requiring a political flanking maneuver), it is in another respect too much of a constraint.
reason.com /news/show/30441.html   (2689 words)

  
 Columbia Law Review | The Rise and Fall of Textualism
Textualism’s past accomplishments are quite impressive—indeed, much more impressive than either its adherents or detractors are willing to acknowledge.
Textualists have been so successful discrediting strong purposivism and updating their new brand of “modern textualism” that they have forged a new consensus on the interpretive enterprise that dwarfs any remaining disagreements.
Instead of substituting strong textualism for strong purposivism, scholars and judges should embrace a modest approach to statutory interpretation that heeds the lessons of textualism but avoids its pitfalls.
www.columbialawreview.org /articles/index.cfm?article_id=795   (217 words)

  
 ANTONIN SCALIA’S JURISPRUDENCE: TEXT AND TRADITION
Rooted in the legal process scholarship of the 1950s, the justice’s textualism commands the judge to read the Constitution and law as narrowly and specifically as possible.
Yet, he then points out that the slippage from textual practice might be a consequence of Scalia’s effort to place boundaries on Congress’s powers (pp.
The textualism of Scalia’s interpretation of procedural rights is the subject of Chapter Six.
www.bsos.umd.edu /gvpt/lpbr/subpages/reviews/rossum0406.htm   (2041 words)

  
 Idea List - Notepad for brainstorming
If one checks the history of the theology of the past 200 years, and checks to see who in the area of textualism and translation was influential even to this day, it will be found that men who were anything but fundamentalist in their doctrine are those who are being followed.
The Hort and Westcott Theory of Textualism, upon which all new Bible versions are based, denies the very existence of The Doctrine of the Theocratic Preservation of The Scriptures.
In today’s textualism, it is certain that both men cannot possess The Preserved Word, for they have forgotten, or have been ignorant of the faith principle regarding what is God’s Word.
www.wilderness-cry.net /bible_study/kjvissue/krinke.html   (4514 words)

  
 SSRN-The Immorality of Textualism by Andrei Marmor
In this short essay I argue that textualism, as a doctrine of statutory interpretation, is inherently deceptive and therefore immoral.
Textualism is typically presented by its adherents as an interpretive practice that is motivated by respect for democracy and respect for the authority of the legislature.
But in fact, textualism's preoccupation with ordinary meaning and literal application of statutes is motivated by constraining the legislature's ability to pursue broad regulatory policies.
papers.ssrn.com /sol3/papers.cfm?abstract_id=690346   (212 words)

  
 [No title]
The manner in which Scalia presents his argument that textualism is neither simplistic nor result-oriented, but logically consistent and rigorous, in fact, the only correct approach to interpreting the Constitution conveys his confidence that all reasonable readers will find the merits of his approach to be beyond question.
Consequently, for Scalia, textualism is the only approach to both statutory and constitutional interpretation that is faithful to the principles of democracy.
Indeed, he suggests that we will embrace textualism if we believe that judges "have no authority to pursue those broader purposes [for which a statute could be designed] or write those new laws [that the times require]"(page 23).
www.bsos.umd.edu /gvpt/lpbr/subpages/reviews/scalia.html   (1504 words)

  
 Predicament of Postmodern Theology: Radical Orthodoxy or Nihilist Textualism?, The Theology Today - Find Articles   (Site not responding. Last check: 2007-11-05)
Predicament of Postmodern Theology: Radical Orthodoxy or Nihilist Textualism?, The
Cupitt's position is said to fail because he has not freed himself from the misleading realist/nonrealist dichotomy that was an essential characteristic of modernity; Milbank's fails because the absolutist claims he makes for his own metanarrative are inconsistent with the postmodern critique of modernity, on which the introduction of his own view depends.
Finally, briefer attention, but more positive evaluation, is given to the "fictional textualism" of Mark C. Taylor and Michel de Certeau, with strong preference shown for the latter on the ground that de Certeau "moves through" rather than simply "passes over" the traditions, such as theology, which he eventually goes beyond and leaves behind.
www.findarticles.com /p/articles/mi_qa3664/is_200304/ai_n9185574)   (641 words)

  
 Right Reason: Above the Subtext II: Textualism, Literalism, and the Texas Marriage Amendment
In an earlier post I gave an argument for textualism, the theory of textual interpretation according to which the meaning of a text is fixed by the text itself and the linguistic conventions governing it.
Maxwell attempts to argue against the claim that textualism collapses into literalism - that when faced with a phrase that is outlandish (or perhaps just unrealistic?) when taken literally, the textualist cannot resolve the problem, and we are thus forced to adopt intentionalism (or some non-originalist approach).
His version of textualism appears to be a very strong epistemic thesis about the irrelevance of intentions to the act of interpretation.
rightreason.ektopos.com /archives/2005/12/textualism_lite.html   (9117 words)

  
 Right Reason: Above the Subtext: Why Authorial Intent is a Distraction
Textualism is a stronger theory, because it does not require the interpreter either to discover an author's intentions or to identify any role for them in the task of interpretation.
Textualism is not so much a position about the nature or origin of meanings as it is a position about how or where they are discovered.
The people you associate with textualism in your main post--Justice Scalia and the New Critics--certainly were and are taking a position, at _least_ a negative position, on the nature of textual meaning, not just on the means of its transmission.
rightreason.ektopos.com /archives/2005/11/above_the_subte.html   (15061 words)

  
 ACSBlog: The Blog of the American Constitution Society: Guest Blogger: The Pitfalls of Textualism
Another problem with Textualism is that its adherents apply it in a selective and inconsistent manner.
For a textualist to suggest otherwise is inconsistent with the definition of Textualism.
One way to expose some of the logical errors of textualism is through a series of questions presented to Judge Alito (or any future conservative judicial appointee).
www.acsblog.org /guest-bloggers-guest-blogger-the-pitfalls-of-textualism.html   (1684 words)

  
 .: I Respectfully Dissent :.
Lastly, the school of thought I subscribe to, original meaning, says that the plain meaning of the document as the words would have been understood by a reasonable person at the time of ratification is what governs.
So textualism is essentially about using the plain, common public meaning of the words of a statute.
Answer: you should apply textualism to the Constitution, but in doing so, you must understand that the ordinary meaning of certain words in 1789 was not necessarily the plain meaning today.
simondodd.org /noise2signal/default.asp?view=singleentry&entry=208   (418 words)

  
 Legal Theory Lexicon: 04/01/2004 - 04/30/2004   (Site not responding. Last check: 2007-11-05)
Or textualism could be the view that legal interpreters ought to interpret legal texts to have their plain meaning, even if that is not their true or deep meaning according to the best meta theory of interpretation.
Even if textualism does not provide the best ideal theory of legal interpretation, it might be the case that textualism does provide the best practical method of interpretation given the capacities of real world judges and officials.
“Textualism” is just one of many approaches to the theory of legal interpretation, but it is an especially good place to begin thinking about issues of interpretation in law.
legaltheorylexicon.blogspot.com /2004_04_01_legaltheorylexicon_archive.html   (6825 words)

  
 textualism - OneLook Dictionary Search
We found 6 dictionaries with English definitions that include the word textualism:
Tip: Click on the first link on a line below to go directly to a page where "textualism" is defined.
textualism : The American Heritage® Dictionary of the English Language [home, info]
www.onelook.com /?w=textualism   (91 words)

  
 Constitutional Interpretation - America's Debate
Textualism is not the 'better' road because it is nothing.
It seems to me that textualism is really incomplete for interpreting the constitution since it doesn't address these gray areas.
Scalia's emphasis on textual interpretation is far better than others' hopes for bending the Constitution to fit around whatever happened last week.
www.americasdebate.com /forums/index.php?showtopic=9430   (4596 words)

  
 The Volokh Conspiracy - The Air Force and the Constitution:
Citing this text, critics of textualism and originalism claim that the Air Force must be considered unconstitutional under these theories of interpretation.
The mere fact that planes are a new technology that flies through the air surely does not forbid their use by the military, even under a very narrow view of textualism.
The only question is whether the AF is subject to the 2 year requirement, which is equally problematic under textualism and under any other approach, and equally irrelevant given appropriations practices.
volokh.com /posts/1170032632.shtml   (2868 words)

  
 An Extended Footnote To 'Statutory Constructions Not For The Timid'
Rather, this is textualism, a new school of statutory interpretation, which differs markedly from both the traditional plain meaning approach and the once dominant legal process approach to statutory construction.
As previously stated, although contemporary textualism and the old plain meaning approach frequently yield the same result, textualism differs fundamentally from the old approach.
Further, as Judge Easterbrook has elaborated, the basic instinct underlying textualism is a desire to limit the scope of legislation and thereby preserve a larger realm for personal freedom.28 By restricting the scope of legislation, the textualist hopes to limit the extent of government interference in the private realm.29
www.nacdl.org /__852566CF0070A126.nsf/0/45D018280DC88F7D852571940068B6CD?Open   (4050 words)

  
 C. Bryan Wilson, What's A Federalist To Do? The Impending Clash Between Textualism And Federalism In State ...   (Site not responding. Last check: 2007-11-05)
The explosion of redistricting litigation highlights a conflict between two seemingly compatible schools of constitutional interpretation -- federalism and textualism -- that must eventually be resolved by the Supreme Court.
Regardless of one's opinion of textualism, it is an analysis worth exploring for the purposes of predicting the meaning that the Supreme Court will attach to the word "Legislature" in Article I, Section 4.
Examining both textual and federalist approaches to Article I, Section 4, reveals a conflict between the two interpretations that must be resolved by courts.
www.law.duke.edu /journals/dlj/articles/dlj53p1367.htm   (12342 words)

  
 A Stitch in Haste Suggested Reading: "Public Goods;" "Textualism"
One of the important rule of law values is publicity: the law should be accessible to ordinary citizens.
Ordinary citizens are likely to interpret statutes to have their plain meaning, because ordinary folks rarely have the training to understand legislative history and even if they did have such training, it would simply be too costly to analyze the legislative history of statutes to determine their meaning.
Textualism is statutory interpretation for the masses, and for the ages, and it should always be the presumptively correct approach.
kipesquire.powerblogs.com /posts/1142387367.shtml   (1180 words)

  
 A Matter of Interpretation, by Antonin Scalia.
Textualism means interpreting the text of written law without going beyond the intent of those legislators who made the law.
If it is said that someone uses a cane it is suggested that he walks with a cane rather than his having "hung his grandfather's antique cane as a decoration in the hallway."
In textual interpretation, writes Scalia, "context is everything," and concerning the Constitution, he writes:
www.fsmitha.com /review/scalia.htm   (426 words)

  
 Liberal Islam Network   (Site not responding. Last check: 2007-11-05)
Textual religious understanding may endorse violence, although religion should not be misunderstood as the source of violence.
Religious doctrines on violence in Quran such as permission of beating “disobedient” wife (Q.S. Annisaa:34-35), or Sunnah that children must offer five times prayers when they are seven years old, and may be beaten (if they did not) at ten, are few examples of Islamic teaching on the need of violence.
Yet, although there are other variables contributing to the acts of religious violence, textualism and Islamism were the most significant variables to encourage religious violence.
islamlib.com /en/page.php?page=article&id=1120   (774 words)

  
 [No title]
The principles that dominate critical theory at the present time can be gathered together under the heading of "poststructuralism," a term here intended to indicate an essential continuity between the Derridean linguistic seventies and the Foucauldian political eighties.
  Textualism is the idea that language or culture constitute or construct the world according to their own internal principles, and indeterminacy identifies all meaning as ultimately self-contradictory.
Together, textualism and indeterminacy eliminate the two criteria of truth: the correspondence of propositions to their objects and the internal coherence of propositions.
www.umsl.edu /~engjcarr/web_documents/SYMPLOKE.htm   (5843 words)

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