Textual and contextual refer to ways of reading the U.S.
Constitution and other legal documents. The textual mode of reading is literal. It is
concerned with what the text states. The textual mode of reading does not inquire into
what the authors meant to convey, nor does it account for the specific social and
historical considerations the authors may have made. Instead, the textual mode of
thinking considers how best to apply the letter of the law to the situation at
hand.
The contextual mode of reading seeks to identify the
authors' intent. Instead of focusing on the letter of the law, the contextualist reader
tries to figure out what the authors were trying to accomplish. Contextualism takes into
account the social and historical moment in which the text was created. Contextual
readings sometimes radically depart from textualist readings because contextualism
values meaning and intent over form.
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