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Contemporary Pragmatism Vol. 10, No. 2 (December 2013), 7996 Editions Rodopi ©2013 Judicial interpretation is fundamental to the nature and working of law. The doctrine of originalism holds that judicial interpretation is best informed by adhering to the original intent or understanding of the framers of the law. Legal pragmatism holds that judicial interpretation is future-oriented, with ineliminable normative (goaldirected) features that extend beyond past and present interpretations. They do rely on different conceptions of the nature of language, including legal language. However, although there are strong pragmatist arguments against originalism, the two are not necessarily at odds. Both can accommodate past understandings and semantic fluidity, preserving the predictability and plasticity valued in legal interpretation. Originalism is not necessarily antithetical to pragmatism. In 2007, Shirley Katz, a high school teacher in southern Oregon, went to court to challenge her school's policy that prevented her from bringing her legally owned pistol to her workplace. She had a concealed weapons permit and claimed that she needed to bring her weapon to school because she feared for her personal safety; she had taken out several restraining orders against her former husband and she feared that he might appear at her workplace
Contemporary Pragmatism – Brill
Published: Apr 21, 2013
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