Showing posts with label Originalsm. Show all posts
Showing posts with label Originalsm. Show all posts

Tuesday, June 17, 2014

A Textualist Approach to Legal Interpretation

Here is a draft of a paper on legal interpretation that is similar to origanilism in emphasizing the meaning of the text as enacted, but differs from standard forms of originalism, especially with respect to normative words and phrases in the text and in disavowing as determinative drafter and legislative or ratifier expectation and intent. The first section by itself might be of interest if you are a little uncertain about the difference between ambiguity and vagueness, or types of ambiguity, or what problems of interpretation there are beyond ambiguity and vagueness.