[Ads-l] Antedating of "Textualist, n.", "Textualist, Adj., "Textualism"

Shapiro, Fred fred.shapiro at YALE.EDU
Fri Jun 7 00:38:24 UTC 2024


textualist, n. (OED, 3., 1965)

1961 Duke Law Journal 1961: 301  That the Court has utilized principles of interpretation which are severally characteristic of the approach of the intentionist, the teleologist, and the textualist does not mean that it has failed to develop a consistent theory of interpretation.

textualist, adj. (OED, 1., 1965)

1961 Duke Law Journal 1961: 301  The relationship which the Court has itself assigned to these principles indicates that it puts its first reliance on the textualist principle of ordinary and natural meaning and that it resorts to other principles, of whatever theoretical allegiance, only to confirm its textual analysis or to resolve an ambiguity in the text itself.

textualism (OED, 3., 1965)

1952 Robert H. Jackson in United States Supreme Court Bulletin 12: 1329  I have heretofore, and do now, give to the enumerated powers the scope and elasticity afforded by what seem to be reasonable practical implications instead of the rigidity dictated by a doctrinaire textualism.

Fred Shapiro

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