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- Textualism - Wikipedia
Textualism is a formalist theory in which the interpretation of the law is based exclusively on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as intention of the law when passed, the problem it was intended to remedy, or significant questions regarding the justice or rectitude of the law
- TEXTUALISM Definition Meaning - Merriam-Webster
The meaning of TEXTUALISM is strict or rigid adherence to a text (such as the text of the Scriptures); specifically, US law : a legal philosophy that laws and legal documents (such as the U S Constitution) should be interpreted by considering only the words used in the law or document as they are commonly understood
- Originalism vs. Textualism | Pacific Legal Foundation
Textualism is the theory that we should interpret legal texts, including the Constitution, based on the text’s ordinary meaning A textualist ignores factors outside the text, such as the problem the law is addressing or what the law’s drafters may have intended
- Textualism: Definition, and 20 Reasons Why Textualism is . . .
discuss five reasons why textualism is preferable to purposivism, four reasons why textualism is preferable to intentionalism, and eleven reasons why textualism is preferable to legal pragmatism 1 Diarmuid F O’Scannlain, “We Are All Textualists Now”: The Legacy of Justice Antonin Scalia, 91 S T J OHN ’ S L R EV
- Textualism and Constitutional Interpretation | Constitution . . .
Textualism is a mode of legal interpretation that focuses on the plain meaning of the text of a legal document Textualism usually emphasizes how the terms in the Constitution would be understood by people at the time they were ratified, as well as the context in which those terms appear 1 Footnote
- Which Textualism? - Harvard Law Review
Although textualism has in recent decades gained considerable prominence within the federal judiciary, 1 legal scholars remain skeptical: critics argue that textualism is insensitive to the actual workings of Congress, 2 overly rigid, 3 or (conversely) overly malleable 4 and thus not much different from its main competitor purposivism 5
- textualism | Wex | US Law | LII Legal Information Institute
Textualism is a method of statutory interpretation that asserts that a statute should be interpreted according to its plain meaning and not according to the intent of the legislature , the statutory purpose, or the legislative history
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