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Few judges self-identify as strict constructionists, due to the narrow meaning of the term. Antonin Scalia, the justice most identified with the term, once wrote: "I am not a strict constructionist, and no one ought to be," calling the philosophy "a degraded form of textualism that brings the whole philosophy into disrepute." Scalia summarized ...
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.
One modern academic theory of religion, social constructionism, says that religion is a modern concept that suggests all spiritual practice and worship follows a model similar to the Abrahamic religions as an orientation system that helps to interpret reality and define human beings, [6] and thus believes that religion, as a concept, has been ...
The rule of lenity, also called the rule of strict construction, is a principle in criminal law that requires a court to interpret an ambiguous or unclear criminal statute in the way that is most favorable to the defendant.
Some view opinions held by all people to be valid criteria of truth. According to consensus gentium, the universal consent of all mankind (all humans holding a distinct belief), proves it is true. There is some value in the criterion if it means innate truth, such as the laws of logic and mathematics. If it merely means agreement, as in a ...
The religion "defies our desire to define and categorize it." In India, the term “dharma” is preferred, which is broader than the Western term “religion.” [ 29 ] Hence, certain scholars argue that Hinduism lacks dogma and thus a specific notion of "fundamentalism," while other scholars identify several politically active Hindu movements ...
The history of the Supreme Court's interpretation of the Free Exercise Clause follows a broad arc, beginning with approximately 100 years of little attention, then taking on a relatively narrow view of the governmental restrictions required under the clause, growing into a much broader view in the 1960s, and later again receding.
Formal principle and material principle are two categories in Christian theology to identify and distinguish the authoritative source of theology (formal principle) from the theology itself, especially the central doctrine of that theology (material principle), of a religion, religious movement, tradition, body, denomination, or organization.