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Law and Philosophy

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Constitutional interpretation

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Full-Text Articles in Law

On Creativity In Constitutional Interpretation, Pierre Schlag Jan 2014

On Creativity In Constitutional Interpretation, Pierre Schlag

Publications

In the present article a particular aspect of constitutional interpretation will be considered. This aspect is called "creative" and involves retrieving the meaning of an object of interpretation. It is with regard to this particular aspect or moment of interpretation that creativity is often viewed as something to be avoided, to be shunned. If the task at hand is to "retrieve" some meaning, then the idea that this meaning can be created, in whole or in part, seems quite simply antithetical to the enterprise at hand. It suffices to note that many jurists and legal thinkers believe that interpretation as …


A Text Is Just A Text, Paul F. Campos Jan 1996

A Text Is Just A Text, Paul F. Campos

Publications

No abstract provided.


Hiding The Ball, Pierre Schlag Jan 1996

Hiding The Ball, Pierre Schlag

Publications

No abstract provided.


A Heterodox Catechism, Paul Campos Jan 1994

A Heterodox Catechism, Paul Campos

Publications

No abstract provided.


Missing Pieces: A Cognitive Approach To Law, Pierre Schlag Jan 1989

Missing Pieces: A Cognitive Approach To Law, Pierre Schlag

Publications

No abstract provided.