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单词 textualism
释义

textualism

noun

tex·​tu·​al·​ism ˈteks-chə-wə-ˌli-zəm How to pronounce textualism (audio)
-chə-ˌli-zəm
: strict or rigid adherence to a text (such as the text of the Scriptures)
specifically, US law : a legal philosophy that laws and legal documents (such as the U.S. Constitution) should be interpreted by considering only the words used in the law or document as they are commonly understood
Justice Scalia of the United States Supreme Court has championed an approach called textualism. Scalia and others argue that legislative history should rarely be relevant, in essence advocating sentence meaning over speaker's meaning. To be more exact, textualism claims that it does try to discover the intent of the legislature, but limits this inquiry to the text of the statute itself. Peter M. Tiersma
compare originalism
textualist
ˈteks-chə-wə-list How to pronounce textualism (audio)
-chə-list
adjective
a textualist interpretation
textualist noun
plural textualists
Textualists focus on the meaning of words and eschew more abstract inquiries about the law's purposes. Marc O. DeGirolami

Example Sentences

Recent Examples on the Web Alito has been guided by his strict adherence to textualism, or emphasizing the words of a law as written. Orlando Mayorquin, USA TODAY, 21 Apr. 2022 In a 2015 appearance at Harvard Law School, Justice Kagan said that textualism had triumphed across the ideological spectrum. Adam Liptak, New York Times, 30 June 2022 Nobody was more identified with the argument than Scalia, who advanced it relentlessly in constitutional law and equally insistently under the label of textualism in approaching statutory law. Dan Mclaughlin, National Review, 23 Mar. 2022 Originalism and textualism aim to wield historical rigor to help constrain judges to follow rules written by the people’s representatives. Dan Mclaughlin, National Review, 17 Mar. 2022 In a nutshell, textualism generally means reading the statute as it is written. Matt Ford, The New Republic, 24 Jan. 2022 Many of the court's conservatives have adopted a different view, vowing adherence to originalism and textualism which resists evolution in interpretation based on changing circumstances in society and the law. Devin Dwyer, ABC News, 10 Feb. 2022 Justice Antonin Scalia spent his early years on the court writing separately to expound the virtues of originalism and textualism. Noah Robertson, The Christian Science Monitor, 27 Jan. 2022 Justice Breyer’s legal interpretations have stood in contrast to originalism and textualism, methods many conservatives follow that emphasize the literal meaning of legal documents when they were adopted. Laura Kusisto, WSJ, 27 Jan. 2022 See More

Word History

Etymology

textual + -ism

First Known Use

1847, in the meaning defined above

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更新时间:2024/11/11 0:14:49