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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.
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
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.
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.
The interpretation of the Canadian Charter of Rights and Freedoms also makes use of the living tree doctrine. Chief Justice Antonio Lamer stated in Re B.C. Motor Vehicle Act, "If the newly planted 'living tree' which is the Charter is to have the possibility of growth and adjustment over time, care must be taken to ensure that historical materials, such as the Minutes of Proceedings and ...
Embodied construction grammar (ECG), which is being developed by the Neural Theory of Language (NTL) group at ICSI, UC Berkeley, and the University of Hawaiʻi, particularly including Benjamin Bergen and Nancy Chang, adopts the basic constructionist definition of a grammatical construction, but emphasizes the relation of constructional semantic ...
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 ...