Jump to ContentJump to Main Navigation
Law in the Age of Pluralism$
Users without a subscription are not able to see the full content.

Andrei Marmor

Print publication date: 2007

Print ISBN-13: 9780195338478

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195338478.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 11 December 2019

The Immorality of Textualism

The Immorality of Textualism

Chapter:
(p.197) CHAPTER 8 The Immorality of Textualism
Source:
Law in the Age of Pluralism
Author(s):

Andrei Marmor (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195338478.003.0008

This chapter argues that textualism, as a doctrine of statutory interpretation, is inherently deceptive and therefore immoral. Textualism is typically presented by its adherents as an interpretive practice that is motivated by respect for democracy and respect for the authority of the legislature. However, textualism's preoccupation with ordinary meaning and literal application of statutes is motivated by a desire to constrain the legislature's ability to pursue broad regulatory policies. Authorities do not want to be understood literally. Authorities purport to govern, and governance requires cooperation in the spirit of its goals, not strict adherence to the letter of its directives.

Keywords:   textualism, democracy, interpretation, legislature

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .