Textualism's Mistake.¶
(2021). Textualism's Mistake. Harvard Law Review, 135(3), 890-911.
Cited by¶
1 citation across 1 artifact.
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Primes¶
- Close Reading
- Textualist constitutional and statutory interpretation methodologically inherits from literary close reading via 20-century legal scholarship — the discipline of binding claims to grain-level marks transferred wholesale even as the artefact shifted from poems to statutes.
This sourceDocuments the methodological inheritance of textualism from literary New Criticism's close reading — Salvatore Scalia as the conduit who imparted New Critical close-reading principles to Antonin Scalia, who in turn shaped textualist statutory and constitutional interpretation.
- Textualist constitutional and statutory interpretation methodologically inherits from literary close reading via 20-century legal scholarship — the discipline of binding claims to grain-level marks transferred wholesale even as the artefact shifted from poems to statutes.
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