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Hollow Core of Constitutional Theory : Why We Need the Framers by Donald L. Drakeman (2021, Trade Paperback)
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About this product
Product Identifiers
PublisherCambridge University Press
ISBN-101108719392
ISBN-139781108719391
eBay Product ID (ePID)17050095466
Product Key Features
Number of Pages225 Pages
Publication NameHollow Core of Constitutional Theory : Why We Need the Framers
LanguageEnglish
Publication Year2021
SubjectGeneral, Jurisprudence
TypeTextbook
AuthorDonald L. Drakeman
Subject AreaLaw
FormatTrade Paperback
Dimensions
Item Height0.6 in
Item Weight14.1 Oz
Item Length9.1 in
Item Width6 in
Additional Product Features
Intended AudienceScholarly & Professional
LCCN2020-018641
Reviews'Drakeman's treatment and criticisms of constitutional theory - whether of originalism or non-originalism - are unfailingly fair and insightful. His arguments for incorporating the framers' intent into constitutional interpretation today are historically rich and conceptually cogent. A penetrating book sure to be of great interest to the specialist and general reader alike.' Marc O. DeGirolami, Cary Fields Professor of Law, St. John's University School of Law
TitleLeadingThe
Dewey Edition23
IllustratedYes
Dewey Decimal342.001
Table Of Content1. 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.
SynopsisOriginalists 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., The Hollow Core of Constitutional Theory is the first major defense of the central role of the Framers' intentions in constitutional interpretation to appear in years. This book starts with a reminder that, for virtually all of Western legal history, when judges interpreted legal texts, their goal was to identify the lawmaker's will. However, for the past fifty years, constitutional theory has increasingly shifted its focus away from the Framers. Contemporary constitutional theorists, who often disagree with each other about virtually everything else, have come to share the view that the Framers' understandings are unknowable and irrelevant. This book shows why constitutional interpretation needs to return to its historical core inquiry, which is a search for the Framers' intentions. Doing so is practically feasible, theoretically defensible, and equally important not only for discovering the original meaning, but also for deciding how to apply the Constitution today.
LC Classification NumberK3165.D73 2020
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