Thursday
Aug162018
Introducing Pastology in Philosophy of Law
Thursday, August 16, 2018 at 11:20AM
I have a new paper out in legal theory. It concerns my first book.
https://ssrn.com/abstract=3232204
Abstract: Scholars of legal theory must stop using the phrase “original meaning” when suggesting how we should read undefined legal text. Instead, the term “pastology” or “pastological exegesis” should be used. We have an obligation not to mislead our audience. Whenever legal text is undefined and an advocate puts forth a candidate for more specific meaning based upon a marshaling of the past (floor speeches, letters, old dictionaries, etc.), this is an exegetical behavior known in philosophy of law as pastology.
https://ssrn.com/abstract=3232204
Abstract: Scholars of legal theory must stop using the phrase “original meaning” when suggesting how we should read undefined legal text. Instead, the term “pastology” or “pastological exegesis” should be used. We have an obligation not to mislead our audience. Whenever legal text is undefined and an advocate puts forth a candidate for more specific meaning based upon a marshaling of the past (floor speeches, letters, old dictionaries, etc.), this is an exegetical behavior known in philosophy of law as pastology.
