textualism

noun

tex·​tu·​al·​ism ˈteks-chə-wə-ˌli-zəm 

-chə-ˌli-zəm

: strict or rigid adherence to a text (such as the text of the Scriptures)

specifically, US law : a legal philosophy that laws and legal documents (such as the U.S. Constitution) should be interpreted by considering only the words used in the law or document as they are commonly understood

Justice Scalia of the United States Supreme Court has championed an approach called textualism. Scalia and others argue that legislative history should rarely be relevant, in essence advocating sentence meaning over speaker's meaning. To be more exact, textualism claims that it does try to discover the intent of the legislature, but limits this inquiry to the text of the statute itself.

—Peter M. Tiersma

compare originalism

textualist

ˈteks-chə-wə-list 

-chə-list

adjective

a textualist interpretation

textualist noun

plural textualists

Textualists focus on the meaning of words and eschew more abstract inquiries about the law's purposes.

—Marc O. DeGirolami

Examples of textualism in a Sentence

Recent Examples on the Web

This is textualism — the idea that statutes should be interpreted according to their words but not according to their purpose. —Noah Feldman, The Mercury News, 15 Oct. 2024

Originalism and textualism are both legal philosophies that prize the plain language of the words on the page. —David French, The Mercury News, 18 July 2024

Related Articles Letters: 2nd Amendment | Causes of homelessness | Sacrificing schools | Presidential immunity | Trump justices | Child care costs These justices prevaricate pride about constitutional textualism and the context of history. —Letters To The Editor, The Mercury News, 3 May 2024

Breyer sums up textualism and originalism as attempts to make judicial reasoning a science and to make law a list of rules. —Louis Menand, The New Yorker, 8 Apr. 2024

Word History

Etymology

textual + -ism

First Known Use

1847, in the meaning defined above