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NCJ Number: 115083 Add to Shopping cart Find in a Library
Title: Original Meaning Jurisprudence: A Sourcebook
Corporate Author: US Dept of Justice
Office of Legal Policy
United States of America
Date Published: 1987
Page Count: 177
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
US Dept of Justice
Washington, DC 20530
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Type: Issue Overview
Language: English
Country: United States of America
Annotation: This report presents and explains the principles of original meaning jurisprudence, which tries to interpret the provisions of the Constitution as those provisions were generally understood at the time of their adoption by the society that framed and ratified them.
Abstract: The analysis emphasizes the debate between the interpretivists, who believe that the Constitution must be interpreted in accordance with the original meaning of its terms, and the non-interpretivists, who see the Constitution as a document whose meaning changes over time to accommodate the shifting values of each succeeding generations. The analysis argues that original meaning jurisprudence is the only approach that respects the status of the Constitution as fundamental law and is the only approach that preserves the Constitution's fusion of individual rights and democratic self-government. Individual sections also present rebuttals to arguments presented by non-interpretivists and present examples of cases in which judges looked either to original meaning or to their own social or economic beliefs in interpreting the Constitution. 52 references and appendixes presenting reprints of speeches and articles and the text of the Constitution.
Main Term(s): Jurisprudence
Index Term(s): Legal doctrines; US Supreme Court decisions
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