• Login
    View Item 
    •   Home
    • Yale Law School Journals
    • Yale Journal of Law & the Humanities
    • View Item
    •   Home
    • Yale Law School Journals
    • Yale Journal of Law & the Humanities
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Browse

    All of openYLSCommunitiesPublication DateAuthorsTitlesSubjectsThis CollectionPublication DateAuthorsTitlesSubjects

    My Account

    LoginRegister

    Statistics

    Display statistics

    Against Constitutional Theory

    • CSV
    • RefMan
    • EndNote
    • BibTex
    • RefWorks
    Thumbnail
    Name:
    17_4YaleJL_Human279_1992_.pdf
    Size:
    1.907Mb
    Format:
    PDF
    Download
    Author
    Campos, Paul
    
    Metadata
    Show full item record
    URI
    http://hdl.handle.net/20.500.13051/7599
    Abstract
    Nobody can agree on what the Constitution means. Some argue that it prohibits states from banning abortions, while others claim that it says nothing about abortion, or that it prohibits abortion. It is claimed that the Constitution abolishes the death penalty, and that it specifically authorizes the death penalty; that it bans segregated schools and is indifferent to segregation; that it requires that we exempt religious believers from laws that burden the practice of their religion, and that it prohibits governments from granting such exemptions; that it eliminates the possibility of a thirty-one year-old president, and that it welcomes this possibility. Such examples, of course, could be greatly multiplied. Two beliefs about this perplexing document do not appear controversial. All commentators seem to agree that the Constitution is a text, and that understanding it is primarily a matter of deploying the proper theory of textual interpretation. The purpose of this article is to demonstrate that those beliefs are largely mistaken. I am aware that readers of this text will consider such a claim highly counterintuitive, and perhaps dismiss it out of hand. I can only prospectively ask for your patience. Reading, Barthes has noted, is an intimacy between strangers; and perhaps, like all intimacy, it requires an initial gesture of faith from both author and reader.
    Collections
    Yale Journal of Law & the Humanities

    entitlement

     
    DSpace software (copyright © 2002 - 2025)  DuraSpace
    Quick Guide | Contact Us
    Open Repository is a service operated by 
    Atmire NV
     

    Export search results

    The export option will allow you to export the current search results of the entered query to a file. Different formats are available for download. To export the items, click on the button corresponding with the preferred download format.

    By default, clicking on the export buttons will result in a download of the allowed maximum amount of items.

    To select a subset of the search results, click "Selective Export" button and make a selection of the items you want to export. The amount of items that can be exported at once is similarly restricted as the full export.

    After making a selection, click one of the export format buttons. The amount of items that will be exported is indicated in the bubble next to export format.