HopefullyInLawSchool
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Simple English definitions for legal terms
noninterpretivism
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A quick definition of noninterpretivism:
Noninterpretivism is a way of interpreting the Constitution where judges can use current social norms and values to make decisions, instead of just looking at the Constitution's text or history. This means that judges can consider how society has changed over time when making decisions about the Constitution. The opposite of noninterpretivism is interpretivism, where judges only look at the Constitution's original meaning and history.
A more thorough explanation:
Definition: Noninterpretivism is a doctrine in constitutional interpretation that allows judges to base their decisions on evolving social norms and values, rather than just the Constitution's text or history. This is different from interpretivism and originalism.
Example: Let's say there is a case about same-sex marriage. A noninterpretivist judge might look at how society's views on same-sex marriage have changed over time and use that as a basis for their decision, rather than just looking at the Constitution's text or history.
Explanation: This example illustrates how a noninterpretivist judge might use evolving social norms and values to make a decision. They are not limited to just the Constitution's text or history, but can also consider how society's views have changed over time.