Reading the Constitution: why I chose pragmatism, not textualism

Preface: My way

Part I: Purpose vs. textualism. Purpose-based approaches

The textualist approach

Part II: Interpreting statutory law. The traditional use of text and purpose

The text/purpose divide

Static or dynamic?

Consequences

Legislative history

Constitutional values

Resolving the text/purpose tension

Why judges should consider purposes: a summary

Part III: Interpreting the Constitution. The Constitution

The traditional approach to constitutional interpretation

Constitutional textualism

When the text runs out: the limits of constitutional textualism

Legal stability: stare decisis

Part IV: Why values, purposes, and workability provide a better way to interpret the Constitution. Workability: history and practical experience

Workability: deciding where values conflict

Workability: direct application of basic values

Part V: Paradigm shifts on the court. Three paradigm shifts

Are we undergoing the next paradigm shift?

Conclusion.