Non-Textualism and the Duck Season-Rabbit Season Dramaturgical Dyad: A Response to Professor Cass Sunstein

Debate regarding legal interpretation is intense. A standard critique of so-called originalism and textualism is that such methodologies are not neutral or objective; rather, they must implicitly rely on unstated norms or on contestable historical claims. This critique is usually put forth by non-te...

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Bibliographic Details
Published in:The Georgetown journal of law & public policy 2022-06, Vol.20 (2), p.523
Main Author: Tillman, Seth Barrett
Format: Article
Language:English
Subjects:
Constitutional law
Criticism, Textual
Interpretation and construction
Methods
Sunstein, Cass R
Online Access:Get full text
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Summary:Debate regarding legal interpretation is intense. A standard critique of so-called originalism and textualism is that such methodologies are not neutral or objective; rather, they must implicitly rely on unstated norms or on contestable historical claims. This critique is usually put forth by non-textualists. But their critique, that is, the critique put forward by non-textualists, equally applies to their preferred modes of interpretation, as it must apply to all methods of interpretation.
ISSN:1536-5077