Contemporary Perspectives on Constitutional Interpretation

by Brison, Susan J.; Sinnott-Armstrong, Walter

• ISBN13: 9780813383934
• ISBN10: 0813383935
• Format: Hardcover
• Copyright: 1993-10-01
• Publisher: Westview Pr

Summary

Current controversies over abortion, affirmative action, school prayer, hate speech, and other issues have sparked considerable public debate about how the U.S. Constitution should be interpreted. Such controversies, along with the changing composition of an often deeply divided Supreme Court, have led to a resurgence of interest in theories of constitutional interpretation.This anthology, edited by Susan J. Brison and Walter Sinnott-Armstrong, presents some of the most exciting and influential contemporary work in this area. Written by ten of the country's most prominent legal scholars, the selections represent a wide variety of interpretive approaches, reflecting different political orientations from the far right to the far left. These theorists have drawn on a variety of other disciplines, including literature, economics, history, philosophy, and politics, and have in turn influenced these fields.The selections were chosen for their accessibility, originality, variety, and importance. Together they provide an excellent introduction to constitutional interpretation as well as a valuable collection for experienced scholars in the field.

Author Biography

Susan J. Brison is assistant professor of philosophy and Walter Sinnott-Armstrong is associate professor of philosophy at Dartmouth College.

Table of Contents

Acknowledgments	p. ix
Credits	p. xi
A Philosophical Introduction to Constitutional Interpretation	p. 1
Notes	p. 23
The Occasions of Constitutional Interpretation	p. 27
Originalism	p. 47
The Original Understanding	p. 48
Notes	p. 65
Common Law Method	p. 69
A Common Lawyer Looks at Constitutional Interpretation	p. 70
Conclusion	p. 93
Notes	p. 94
Pragmatism	p. 101
Interpretation Revisited	p. 102
Notes	p. 115
Law as Integrity	p. 119
Integrity and Interpretation	p. 138
Critical Race Theory	p. 141
The Obliging Shell: an Informal Essay on Formal Equal Opportunity	p. 142
Notes	p. 163
Feminist Legal Theory	p. 167
Justice Engendered	p. 184
Deconstruction	p. 189
Tradition, Betrayal, and the Politics of Deconstruction	p. 190
Notes	p. 204
Critical Legal Studies	p. 207
Constitutional Interpretation, Character, and Experience	p. 228
Scepticism	p. 233
Introduction Constitutional Meaning and Value	p. 234
Constitutional Scepticism	p. 234
Notes	p. 255
Notes	p. 257
Suggestions for Further Reading	p. 259
About the Book and Editors	p. 263
About the Contributors	p. 264
Cases Cited	p. 265
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