This interpretive method, often applied in legal and constitutional contexts, seeks to understand a law or governing document based on the framers’ or authors’ intentions at the time of its creation. The objective is to ascertain the specific problem they were trying to address, and the solutions they envisioned, when drafting the text. For example, when interpreting the Second Amendment of the United States Constitution, proponents of this method might examine the writings and debates of the Founding Fathers to determine what they intended by the right to bear arms.
Understanding the motivations and aims behind foundational legal documents provides a fixed point of reference, promoting stability and predictability within the legal system. This approach aims to limit judicial subjectivity, preventing interpretations that might stray from the founders’ or authors’ original vision. Historically, adherence to this methodology has been viewed as a means of upholding the legitimacy of governing documents and ensuring continuity in governance across generations. Adherents believe it protects against modern interpretations that could fundamentally alter the character of established legal frameworks.
