Antonin Scalia, Bernhard Schlink, and Lancelot Andrewes
Antonin Scalia, Bernhard Schlink, and Lancelot Andrewes
Reading Heller
Addressing textualism in its various manifestations, this chapter argues, in critique of Schlink and Scalia, that genuine interpretation is governed by the attempt to determine the author’s intention. Examining Scalia’s divergence from this hermeneutic norm, Fish argues not only that his theory as exemplified in Heller is bad, but also that as an interpretative practice, it is evil.
Keywords: Fuller, Hart, Heller, intentionalism, Nazi law, positivism, textualism
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