| Abstrakt: |
In his book "Reading the Constitution," retired Supreme Court Justice Stephen Breyer challenges the predominant judicial philosophy of originalism and textualism, which focuses on interpreting the Constitution and statutes according to their original meaning. Breyer argues for a pragmatic approach that considers the real-world effects of legal decisions and draws on historical and contemporary materials to inform judgments. He believes that judges should also consider broader values, purposes, and consequences when interpreting the law. Breyer's book provides a defense of his approach and critiques the originalist perspective. [Extracted from the article] |
