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Books > Humanities > Philosophy > Topics in philosophy > Social & political philosophy
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The Flexible Constitution (Hardcover, New)
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The Flexible Constitution (Hardcover, New)
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This is an ambitious work on constitutional theory. Influenced by
the views of Ludwig Wittgenstein, Sean Wilson tackles the problem
of how a judge can obey a document written in ordinary, flexible
language. He argues that whether something is "constitutional" is
not an historical fact, but is an artisan judgment. Criteria are
set forth showing why some judgments represent superior
connoisseurship and why others do not. Along the way, Wilson offers
a potent critique of originalism. He not only explains this belief
system, but shows why it is inherently incompatible with the
American legal system. His conclusion is that originalism can only
be understood as a legal ideology, not a meaningful contribution to
philosophy of law. The ways of thinking about constitutional
interpretation provided in the book end up challenging the
scholarship of Ronald Dworkin and numerous law professors. And the
findings also challenge the way that professors of politics often
think about whether a judge has "followed law."
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