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- Title
HERMENÊUTICA ORIGINALISTA E SUA INQUIRIÇÃO HISTÓRICA.
- Authors
Ericksen, Lauro
- Abstract
The paper discusses the originalism, a historical north-American hermeneutical method. It intends to scrutinize the original meaning showing its semantic hermeneutical process, being able to process its view with such a normative-interpretative historical inquiry of constitutional dispositions. It proposes the political debate, involving sub-repetitious issues, inserted inside the constitutional background as a pivotal element of hermeneutics and constitutional interpretations, verifying that originalism is aligned with conservative manners. As a major method, it focuses on empiricist and epistemological way of historical inquiry to further accomplish to capture the intended original meaning. It concludes that the originalist theory has a persuasive historical premise in opposition to extratextual interpretations. It concludes originalism is a substantial source of constitutional textual tools; it is a method attached to its text and its history.
- Subjects
CONSTITUTIONAL law; HERMENEUTICS; POLITICAL debates; COURTESY; CONSTITUTIONALISM; HISTORY
- Publication
Quaestio Iuris (QI), 2019, Vol 12, Issue 2, p293
- ISSN
1807-8389
- Publication type
Article
- DOI
10.12957/rqi.2019.39550