Most of the legal profession eschews interpreting laws according to their original intent, an approach known as "intentionalism
"; lawyers, after all, make bad historians and mind-readers.
I think I just find Goldsworthy's terminology easier to use for the non-aficionado, as he talks in terms of subjective intentionalism
("SI"), objective intentionalism
("OI"), and public meaning originalism ("PMO")--while noting that "[PMO] ...
(9.) See Heath (2002) for a defence of intentionalism
and Barton (2013: 11-17) for a survey and criticism of the different schools of anti-intentionalist thought.
They have been popularized as textualism, (218) intentionalism
, (219) originalism, (220) purposivism, (221) pragmatism, (222) realism, (223) critical legal theories, (224) and Dworkinianism.
Spanning from early Blackstonian textualism, to intentionalism
, to Hart and Sacks purposivism, the debate is spirited and has been well fought for centuries.
You align yourself with David Herman in viewing "hypothetical intentionalism
" as a superior approach to authorial agency because it avoids claims about "subjective intentions" and can "account for the possibility that our conjectures about the intentions of others might be wrong" (36).
One such claim is for example wide intentionalism
, i.e., the conjoint thesis according to which (i) the phenomenal properties of an experience are identical with (or at least supervene on) the represented properties of the experience, i.e., the worldly properties that allow for such an experience to represent that so and so is the case, and (ii) such properties are wide.
discredit it, intentionalism
in critical interpretation has shown an
, as Michel Foucault suggests, appeals to the 'principle of thrift in the proliferation of meaning'; by treating all aspects of the text as products of an intentional (and linguistically competent) consciousness our interpretive efforts proceed from, and are limited by, the assumption that everything in the text is there for a reason, that everything belongs.
His final explanatory model could be understood as a moderate version of intentionalism
: a self-deceiver tacitly allows room for thoughts that run counter to his ethical beliefs, even if this potentially undermines his integrity.
(19) The most well-developed scholarly approaches currently advocate some version of intentionalism