Ugly American Hermeneutics
Francis Joseph Mootz III
University of the Pacific - McGeorge School of Law
Nevada Law Review, Vol. 10, No. 3, 2010
UNLV William S. Boyd School of Law Legal Studies Research Paper
This article will appear in a Symposium on comparative legal hermeneutics that includes four articles by American scholars and four articles by Brazilian scholars. I argue that the "ugly American" hermeneutics exemplified in Justice Scalia's opinion in District of Columbia v. Heller is unfortunate, even if we supplement Justice Scalia's hermeneutical fantasy with the much more careful and balanced philosophical work by Larry Solum, Keith Whittington and other scholars. Nevertheless, the pragmatic work of interpretation by lawyers and judges in the day-to-day world of legal practice shows a plain-faced integrity of which we Americans can be proud.
Number of Pages in PDF File: 20
Keywords: Hermeneutics, Originalism, New Textualism, Constitutional Interpretation, Statutory Interpretation, Justice Scalia, Lawrence B. Solum, Keith Whittington, District of Columbia v. HellerAccepted Paper Series
Date posted: November 7, 2010
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