LAW 7756

Statutory and Constitutional Interpretation

Course Description

Course information provided by the Courses of Study 2016-2017.

The purpose of this seminar is to examine in detail the main theories of statutory and constitutional interpretation employed by the US Federal courts, and to shed light on the nature of the debates and disagreements between them. We will examine the three main dominant theories in statutory interpretation: intentionalism, purposivism, and textualism, showing how disagreements between them concern both descriptive matters about the nature of language and interpretation, and normative matters concerning the proper role of the judiciary in a democratic regime. In the context of Constitutional interpretation we will pay close attention to the rationale of constitutionalism, how it bears on constitutional interpretation, and how it explains the various ideological disputes between justices of the supreme court about the grounds and the legitimacy of their constitutional decisions. 

When Offered Fall.

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