from The American Heritage® Dictionary of the English Language, 5th Edition.
- noun A theory of legal interpretation emphasizing the importance of the everyday meanings of the words used in statutes.
- noun Strict adherence to a text, especially of the Scriptures.
- noun Textual criticism, especially of the Scriptures.
from The Century Dictionary.
- noun Strict adherence to the text.
from Wiktionary, Creative Commons Attribution/Share-Alike License.
strict adherenceto some text, especially to the Bible
textual criticism, especially that of the Bible
from Wiktionary, Creative Commons Attribution/Share-Alike License
In Part III, Somin finds that textualism is here to stay, and will not “work itself pure” as Siegel has argued.
In real judging, textualism is only used where the means serve the ends, until somebody nominates a Jeff Flake or Ron Paul to thebench.
What every method allows, including textualism, is the use of sources outside the text in order to interpret it.
I thought you meant that textualism is drained of all content in general.
The other version, known as original meaning, or textualism, is the view that interpretation of a written constitution should be based on what it would commonly have been understood to mean by reasonable persons living at the time of its ratification.
Professor Ilya Somin counters Professor Siegel’s argument that textualism is ultimately doomed to irrelevance because its “inexorable radicalization ... will cause it to lose the interpretation wars.”
One thing worth considering, Ilya, in this discussion of the good and bad of textualism is the Supreme Court’s decision in Brand-X.
His approach is "textualism" which posits that the "plain and ordinary meaning" of the Constitution's text should be the guiding principle of any interpretation.
This method contrasts with other ways of evaluating activism such as textualism, originalism, and jurisprudential theory.
But he is also a devotee of literalist "textualism" in interpreting laws.