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Textualism
TEXTUALISM

Definition: A formalist theory in which the interpretation of the law is primarily based on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as: intention of the law when passed, the problem it was intended to remedy, or significant questions regarding the justice or rectitude of the law.
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* All nine elements would be in.


1. Purposeful and necessary for propounders of theory.

2. Interpretation is being given in due process of law.

3. Theoretician or interpreter is learned in law and so able to differentiate between the letter of the law and the spirit of the law.

4. Ordinariness ascribed will be in its simplest form.

5. Priority or concern at the time won't be justiciary.

6. Decision-maker or interpreter should not be someone who drafted or helped draft the law (lawmaker) or victim (lawbreaker).

7. Review of the extant laws won't occur as a result.

8. Activities involved do serve purpose(s) in the end.

9. Meaning derived after interpretation will be plain (lexical) and single (not a double entendre), and easy to transcribe or translate.
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See perfect SPIRIT OF THE LAW.

See perfect QUESTION AND ANSWER.

See perfect LETTER OF THE LAW.

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