The Possibilities of American Constitutional Law in a Fractured World: A Relational Approach to Legal Hermeneutics

39 Pages Posted: 3 Apr 2013  

Howard J. Vogel

Hamline University - School of Law

Date Written: January 1, 2006

Abstract

Instead of joining those who resist the work of the critical scholars as a threat to the conventional understanding of law, or those who have abandoned the task of constructive theory, this article takes the deconstructive critique of law as an opportunity to move “beyond the impasse” in contemporary American constitutional theory and offer a relational hermeneutic for the practice of interpretive argument in American constitutional law. The author offers a constructive theory of constitutional interpretation that is relational in character by drawing on the efforts of those scholars who have employed process thought in an effort to develop an understanding of hermeneutics.

Keywords: American constitutional law, relational hermeneutic, hermeneutic, constructive theory, deconstructive theory

JEL Classification: K00, K1, K4, K40

Suggested Citation

Vogel, Howard J., The Possibilities of American Constitutional Law in a Fractured World: A Relational Approach to Legal Hermeneutics (January 1, 2006). University of Detroit Mercy Law Review, Vol. 83, p. 789, 2006. Available at SSRN: https://ssrn.com/abstract=1929578

Howard J. Vogel (Contact Author)

Hamline University - School of Law ( email )

1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States

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