(DOWNLOAD) "Biblical Literalism and Constitutional Originalism." by Notre Dame Law Review ~ eBook PDF Kindle ePub Free

February 28, 2021

eBook details

Title: Biblical Literalism and Constitutional Originalism.
Author : Notre Dame Law Review
Release Date : January 01, 2011
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 461 KB

Description

Critics of constitutional originalism have often described originalists as "fundamentalists" or "literalists" as a way of discrediting originalism. This comparison has obvious rhetorical force because it tends implicitly to taint originalism with guilt by association, given views in the academy of Protestant fundamentalism. But originalism's critics are not the only ones who appear to have noticed the similarities between the two interpretive approaches; when they have entered the arena of policy and judicial politics, proponents of biblical literalism have generally embraced originalism as the correct approach to constitutional interpretation. It is not surprising that both critics of constitutional originalism and proponents of biblical literalism have noted a connection between the two interpretive approaches, as there are some obvious similarities. Indeed, the similarities go beyond the caricatures that both critics and proponents have tended to offer. Literalism and originalism share a core commitment to the idea that their relevant texts have a timeless, fixed meaning that is readily ascertainable. In addition, both interpretive approaches are in significant part projects of restoration; both are deeply concerned about the loss of constraint that results from interpretation that is untethered to text; both have a strong, self-consciously populist impulse and an equally strong and self-conscious disdain for elite opinion, with respect to both interpretive norms and cultural values; and both maintain that all other approaches to their relevant texts are fundamentally illegitimate because they breach a duty of fidelity.