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As a result of this distinction, nearly all textualists reject strict constructionism in this sense. Supreme Court justice Antonin Scalia, a major proponent of textualism, said that "no one ought to be" a strict constructionist, because the most literal interpretation meaning of a text can conflict with the commonly-understood or original ...
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.
Constructionism may refer to Constructionism (learning theory), an educational philosophy developed by Seymour Papert; Social constructionism, a theory of how social phenomena or objects of consciousness develop in social contexts; Strict constructionism, a conservative type of legal or constitutional interpretation
If an idea works then it must be true, to the Pragmatist. The consequences of applying a concept reveal its truth value upon examination of the results. The full meaning of an idea is self-apparent in its application. For example, the therapeutic value and effect of penicillin in relation to infections is proven in its administration.
Also apophthegm. A terse, pithy saying, akin to a proverb, maxim, or aphorism. aposiopesis A rhetorical device in which speech is broken off abruptly and the sentence is left unfinished. apostrophe A figure of speech in which a speaker breaks off from addressing the audience (e.g., in a play) and directs speech to a third party such as an opposing litigant or some other individual, sometimes ...
Originalism is a legal theory that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial activism and other interpretations related to a living constitution framework.
Structuralist literary criticism argues that the "literary banter of a text" can lie only in new structure, rather than in the specifics of character development and voice in which that structure is expressed.
Social constructionism is a term used in sociology, social ontology, and communication theory.The term can serve somewhat different functions in each field; however, the foundation of this theoretical framework suggests various facets of social reality—such as concepts, beliefs, norms, and values—are formed through continuous interactions and negotiations among society's members, rather ...