Publication Date
Summer 1986
Journal
Georgia Law Review
Abstract
The article explores the evolving dialogue between legal scholars and literary theorists, particularly focusing on how judicial opinions can be viewed as narrative fictions. It challenges traditional notions of textual autonomy in legal interpretation, suggesting that meaning is not fixed but is shaped by subjective readings. The analysis critiques the dichotomy between interpretivism and noninterpretivism, arguing that both approaches are inherently subjective. Drawing on historical and structural interpretations of the Constitution, the article advocates for a balanced approach that considers both textual integrity and communal values, emphasizing that constitutional truths are embedded within societal ideas rather than being strictly majoritarian or textual.
Volume
20
Issue
4
First Page
939
Last Page
994
Publisher
University of Georgia School of Law
Disciplines
Contracts | Courts | Judges | Jurisprudence | Law
Recommended Citation
Richard H. Weisberg,
Text into Theory: A Literary Approach to the Constitution,
20
Ga. L. Rev.
939
(1986).
https://larc.cardozo.yu.edu/faculty-articles/1266
Included in
Contracts Commons, Courts Commons, Judges Commons, Jurisprudence Commons
Comments
The Constitution and Human Values: The Unfinished Agenda