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The Flexible Constitution

Autor Sean Wilson
en Limba Engleză Hardback – 14 dec 2012
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."
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Specificații

ISBN-13: 9780739178157
ISBN-10: 0739178156
Pagini: 236
Dimensiuni: 157 x 231 x 25 mm
Greutate: 0.52 kg
Ediția:New.
Editura: Rowman & Littlefield

Notă biografică

Sean Wilson is a digital soundtrack journalist with extensive experience writing for Cineworld Cinemas, Composer Magazine, Den of Geek, Flickering Myth and HeyUGuys. Based in Bristol, south-west UK, he has conducted numerous interviews with many of Hollywood's most accomplished film composers.

Descriere

This is a new Wittgensteinian account of the American Constitution that provides a fresh perspective on how judges can follow a legal document written in flexible language. The book shows why originalism is incompatible with the American legal system and challenges the views of Ronald Dworkin and numerous law professors.