The American Constitution and the Debate over Originalism（ISBN=9780521607797） 下载 pdf 百度网盘 epub 免费 2025 电子版 mobi 在线

Located at the intersection of law, political science,

philosophy, and literary theory, this is a work of constitutional

theory that explores the nature of American constitutional

interpretation through a reconsideration 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 unconstrained,

unstructured constitutional interpretation that has haunted

contemporary constitutional 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 constitutional 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 Constitution, 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 constitution

3. Interpretivism and originalism

4. The paradox of originalism

5. The problem of objectivity

6. The epistemology of constitutional discourse (I)

7. The epistemology of constitutional discourse (II)

8. The ontology of constitutional discourse (I)

9. The ontology of constitutional discourse (II)

10. Conclusion: the political character of constitutional

discourse

Index

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