TEXTUALISM IS A FOUR-LETTER WORD. Passing thought about jurisprudence (you know how you get those passing thoughts about jurisprudence)–as a summary of textualism (legal philosophy of A. Scalia and co.), how about “RTFM“? Computerish types know that stands for “Read The F$#@!ing Manual,” and is an exasperated cry from customer-support people who find themselves fielding questions from people (like me) who don’t know which end of the computer is up. We all know that R-ing TFM won’t answer all our computer questions, just as Scalia and his Ilk note that textualism doesn’t resolve all legal disputes. RTFM is a first step; if you haven’t done it, that’s what you’ve gotta do first. It’s only when the FM has no answer that you turn to the black arts of computer tech or law. So the textualist claims are: 1) RTFM, and 2) If you do, you’ll find that it is much clearer and more constraining than the “words mean what I want them to mean,” outcome-based jurisprudential alternative.

For oh so much more, try Ninomania.