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textualism
[teks-choo-uh-liz-uhm]
noun
strict adherence to a text, especially of the Scriptures.
Law., the doctrine that a legal document or statute should be interpreted by determining the relatively objective ordinary meaning of its words and phrases, without regard to historical context or legislative history.
Textualism holds, that when applying the law, the words of the Constitution itself are to be the final authority.
textualism
/ ˈtɛkstjʊəˌlɪzəm /
noun
doctrinaire adherence to a text, esp of the Bible
textual criticism, esp of the Bible
Other Word Forms
- textualist noun
Word History and Origins
Origin of textualism1
Example Sentences
But there are many more arguments than just plain textualism supporting a reversal in Watson.
Oldham’s contortionist opinion reaching a contrary result is especially rich coming from a judge purporting to apply textualism—looking at the meaning of the text as understood by an ordinary English reader at the time Congress passed the statute.
They call this “textualism,” which rejects a more liberal and open-ended approach that included the general purpose of the law.
That a dictionary could influence a court case at all owes in part to Garner’s seminal book on textualism, a conserative legal doctrine that dictates a page-bound interpretation of the law.
The use of legal dictionaries to solve judicial problems has surged in recent years, with the rise of Scalia-style textualism and the growing sense in certain segments of the public that judges simply make the law up as they go along.
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