| Description |
xxv, 566 pages ; 25 cm |
| Series |
Oxford scholarship online. net
|
| Contents |
Ch. 1. Textualism and Its Canons -- Ch. 2. Intratextualism and Textual Purpose -- Ch. 3. Original Understanding: Preconstitutional Sources and the Drafting and Ratification Process -- Ch. 4. Original Understanding: Contemporaneous Understanding and Interpretive Issues -- Ch. 5. Tradition and Practice -- Ch. 6. Structural Reasoning -- Ch. 7. Precedent -- Ch. 8. Deriving Doctrine -- Ch. 9. Shaping, Clarifying, and Changing Doctrine -- Ch. 10. Consequential Reasoning -- Ch. 11. Ethical Argument -- Ch. 12. Rhetoric in Constitutional Interpretation -- Ch. 13. Synthesis |
| Summary |
"Methods of Interpretation: How the Supreme Court Reads the Constitution provides students of the Court with an overview of the perennial best approaches to constitutional interpretation as practiced, not theorized." |
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"This landmark work examines the various methodologies the Supreme Court and individual justices have employed when interpreting the Constitution. Rather than attempting to set forth an overall theory of constitutional interpretation or enter into the scholarly debate over interpretative theory, Lackland H. Bloom, Jr. focuses exclusively on what the Court and individual justices have done and said about constitutional interpretation in the course of deciding specific cases. Some methodologies of constitutional interpretation have changed over the course of the Court's history but most have not. Indeed several of the most prevalent methods of constitutional interpretation and adjudication are simply variations of techniques often employed by lawyers and judges well before the Constitution was drafted and ratified |
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This book identifies many of the best - and a few of the worst - examples of particular interpretative methodologies, as well as the preeminent discussions of constitutional interpretation by individual justices."--BOOK JACKET |
| Notes |
Detailed table of contents available via online link |
|
Table of contents and index are taken from the published work with the permission of the publisher |
| Bibliography |
Includes bibliographical references and index |
| Notes |
English |
|
Description based on print version record |
| Subject |
United States. Supreme Court -- History.
|
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Judicial process -- United States -- Interpretation and construction.
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Law -- United States.
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Judicial process -- United States.
|
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Law -- United States -- Interpretation and construction.
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Judicial review -- United States.
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| LC no. |
2008037195 |
| ISBN |
9780195377118 hardback alkaline paper |
|
0195377117 hardback alkaline paper |
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