Hollow Core of Constitutional Theory - Why We Need the Framers

List of contents

1. The Framers and Contemporary Constitutional Theory; 2. The Framers' Intentions: Who, What, and Where; 3. Original Methods and the Limits of Interpretation; 4. Original Methods Updating; 5. The Semantic Summing Problem; 6. Is Corpus Linguistics Better than Flipping a Coin?; 7. The Framers' Intentions Can Solve the Semantic Summing Problem; 8. Interpretation and Sociological Legitimacy; 9. Noninterpretive Decisions; 10. Conclusion.

About the author

Donald L. Drakeman is Distinguished Research Professor in the Program on Constitutional Studies at the University of Notre Dame, and a Fellow of the Centre for Health Leadership and Enterprise at the University of Cambridge. His works have been cited by the Supreme Courts of the United States and the Philippines. His books on the Constitution include Church, State, and Original Intent (Cambridge, 2009), a Choice Outstanding Academic Title.

Summary

Originalists and living constitutionalists alike have jettisoned the Framers from contemporary constitutional theory. This book shows not only that their practical and theoretical reasoning is unsound, but also that a search for the will of the lawmaker is, and has always been, the core question for judges interpreting legal texts.

Product details

• Authors: Drakeman Donald L. Drakeman, Donald L. Drakeman, Donald L. (University of Notre Dame Drakeman, Drakeman Donald L.
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Paperback / Softback
• Released: 31.01.2021
• EAN: 9781108719391
• ISBN: 978-1-108-71939-1
• No. of pages: 225
• Subjects: Social sciences, law, business > Law > Miscellaneous; LAW / Jurisprudence, History of the Americas, Constitution: government & the state, Constitution: government and the state, Constitutional & administrative law, Constitutional and administrative law: general, Jurisprudence & Philosophy Of Law, Methods, theory and philosophy of law