Sean Wilson

The Flexible Constitution (eBook, ePUB)

• Format: ePub

Produktbeschreibung

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."

Produktdetails

• Verlag: Bloomsbury eBooks US
• Seitenzahl: 238
• Erscheinungstermin: 16. Dezember 2012
• Englisch
• ISBN-13: 9780739178164
• Artikelnr.: 38226070

Autorenporträt

Sean Wilson is associate professor at Wright State University and is the author of The Flexible Constitution.

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