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Constitutional interpretation : the basic questions

Author: Sotirios A Barber; James E Fleming
Publisher: New York : Oxford University Press, ©2007.
Edition/Format:   Print book : EnglishView all editions and formats
Summary:
"What is the nature of the U.S. Constitution? How ought it to be interpreted? Ronald Dworkin famously argued that fidelity in interpreting the Constitution as written calls for a fusion of constitutional law and moral philosophy. Sotirios A. Barber and James E. Fleming take up that call, arguing for a philosophic approach to constitutional interpretation. In doing so, they systematically criticize competing  Read more...
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Additional Physical Format: Online version:
Barber, Sotirios A.
Constitutional interpretation.
New York : Oxford University Press, ©2007
(OCoLC)607727341
Online version:
Barber, Sotirios A.
Constitutional interpretation.
New York : Oxford University Press, ©2007
(OCoLC)608486763
Material Type: Internet resource
Document Type: Book, Internet Resource
All Authors / Contributors: Sotirios A Barber; James E Fleming
ISBN: 9780195328578 0195328574 9780195328585 0195328582
OCLC Number: 145732623
Description: xvi, 201 pages ; 24 cm
Contents: The presuppositions of constitutional interpretation --
The principal questions of constitutional interpretation --
The principal features of the American constitutional order : the positive constitutionalism of The federalist --
Approaches to constitutional interpretation --
Textualism and consensualism --
Narrow originalism/intentionalism --
Broad originalism --
Structuralism --
Doctrinalism and minimalism --
The philosophic approach --
Pragmatism --
Epilogue: a fusion of approaches to constitutional interpretation.
Responsibility: Sotirios A. Barber and James E. Fleming.

Abstract:

"What is the nature of the U.S. Constitution? How ought it to be interpreted? Ronald Dworkin famously argued that fidelity in interpreting the Constitution as written calls for a fusion of constitutional law and moral philosophy. Sotirios A. Barber and James E. Fleming take up that call, arguing for a philosophic approach to constitutional interpretation. In doing so, they systematically criticize competing approaches - textualism, consensualism, originalism, structuralism, doctrinalism, minimalism, and pragmatism - that aim and claim to avoid a philosophic approach. They show that none can responsibly avoid philosophic reflection and choice in interpreting the Constitution." "Offering both a succinct overview of approaches to constitutional interpretation and a powerful argument for a philosophic approach, Constitutional Interpretation will be discussed by constitutional scholars and students for years to come."--BOOK JACKET.
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The great merit of this book is its sustained focus on the social reality that the state is a group made up of officials and citizens who act jointly. * Richard Ekins, Law Quarterly Review *

 
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