David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
In this paper I start discussing "originalism" as a practice of interpretation purporting the intent of the framers as "the" governing factor in interpretation. My first step is to contrast it with the approach of non-interpretivism. Then I discuss "interpretation" itself as a package to depict social practices of meaning production, focusing on three peculiar historical settings : Alexandria, Scholasticism, and the "birth" of Hermeneutics. My aim is to show the "essentialist" move of posing the concept of "meaning" as a key factor in the "ideology" of interpretation. Such a discussion is introductory to a reappraisal of the current debate about criticism and of the distinction between interpretation and use-of-the-texts. I then examine archeology as a radical alternative to interpretive practices. But my final step will be to shift away from the blunt opposition between interpretivism and non interpretivism, to suggest a more complex arrangement based on an ironic misuse of interpretivism, and a framing of interpretation as an antagonistic process.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Naomi Choi (2007). Interpretivism in Jurisprudence: What Difference Does the Philosophy of History Make to the Philosophy of Law? Journal of the Philosophy of History 1 (3):365-393.
Daniel C. Dennett (1990). The Interpretation of Texts, People and Other Artifacts. Philosophy and Phenomenological Research (Supplement) 50:177-194.
Grant Huscroft & Bradley W. Miller (eds.) (2011). The Challenge of Originalism: Theories of Constitutional Interpretation. Cambridge University Press.
John M. Collins (2011). Why the Debate Between Originalists and Evolutionists Rests on a Semantic Mistake. Law and Philosophy 30 (6):645-684.
Marcus Verhaegh (2001). Hypothetical and Psychoanalytic Interpretation. Journal of Philosophical Research 26:295-305.
Stein Haugom Olsen (2004). Modes of Interpretation and Interpretative Constraints. British Journal of Aesthetics 44 (2):135-148.
Jeffrey Goldsworthy (2009). Constitutional Interpretation: Originalism. Philosophy Compass 4 (4):682-702.
Frederick Mark Gedicks, Conservatives, Liberals, Romantics: The Persistent Quest for Certainty in Constitutional Interpretation.
Tara A. Smith, Why Originalism Won't Die - Common Mistakes in Competing Theories of Judicial Interpretation.
Added to index2009-01-28
Total downloads4 ( #258,815 of 1,102,856 )
Recent downloads (6 months)3 ( #120,639 of 1,102,856 )
How can I increase my downloads?