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Antonin Scalia, Bernhard Schlink, and Lancelot Andrewes

Antonin Scalia, Bernhard Schlink, and Lancelot Andrewes

Reading Heller

Chapter:
(p.22) 2 Antonin Scalia, Bernhard Schlink, and Lancelot Andrewes
Source:
Administering Interpretation
Author(s):
Stanley Fish
Publisher:
Fordham University Press
DOI:10.5422/fordham/9780823283798.003.0003

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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