The Possibilities of American Constitutional Law in a Fractured World: A Relational Approach to Legal Hermeneutics
39 Pages Posted: 3 Apr 2013
Date Written: January 1, 2006
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: Suggested Citation