William Baude Discusses Textualism at Harvard Law’s Scalia Lecture
Textualism is ‘missing something’
Textualism must recognize the existence and relevance of unwritten law, argued William Baude, a professor of law at the University of Chicago Law School, during Harvard Law School’s Scalia Lecture this week. In fact, he said, the use of such law may be required in some situations.
“If we think of textualism and the phrase ‘the plain text’ as just mantras, prayers to ward off the demons of bad judging, we will not find salvation,” said Baude. “We need to understand why textualism was right. And if we do, then it may mean that sometimes, in some cases, our analysis will have to move a little bit beyond the text.”
Baude began his talk by asserting that textualism, or the method of legal interpretation that emphasizes the plain language of a statute, “has won… and we have Justice Scalia to thank for that.”
Read more at Harvard Law Today