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40 Cardozo L. Rev. 3191 (2018-2019)
Comparative Hermeneutics of Constitutional Revision Clauses and the Question of Structural Closure of Legal Systems

handle is hein.journals/cdozo40 and id is 3267 raw text is: 










            COMPARATIVE HERMENEUTICS OF

    CONSTITUTIONAL REVISION CLAUSES AND THE

    QUESTION OF STRUCTURAL CLOSURE OF LEGAL

                             SYSTEMS


                           Otto Pfersmannt I




                         TABLE OF CONTENTS


I. A VERY BRIEF OUTLINE OF THE AMERICAN DEBATE ON CONSTITUTIONAL
    INTERPRETATION .................................................................................................... 3197

II. FROM VITALIST INTERPRETATION TO THE CONTINGENCY CONCEPTION OF THE
    AM ENDM ENT CLAUSE ............................................................................................ 3205

III. NON-EXCLUSIVITY THEORIES ARE NOT LEGAL THEORIES ............................... 3207




     Arthur Jacobson is, with J. David Bleich, the author of a wonderful
book on Jewish Law,2 along with very fine papers on difficult issues in
this domain,3 as well as in constitutional law.4 As he clearly and



   t Ecole des Hautes Etudes en Sciences Sociales (EHESS), Paris.
   1 This is a tribute to Arthur Jacobson, a wonderful friend, and to the many discussions
with him on the most diverse topics, among which are the themes of this paper.
   2 J. DAVID BLEICH & ARTHUR JACOBSON, JEWISH LAW AND CONTEMPORARY ISSUES (2015).
   3 Arthur Jacobson, Job's Justice, 34 CARDOZO L. REV. 983 (2013), p. 983; Cardozo Legal
Studies Research Paper No. 383. Available at SSRN: https://ssrn.com/abstract=2251987; same
author, The Messiah and the Law (October 21, 2016), Cardozo Legal Studies Research Paper
No. 502, available at SSRN: https://ssrn.com/abstract=2857163; same author, Prophecy as
Expertise, 4.4 HEBRAIC POLITICAL STUDIES 329-36 (Fall 2009), available at SSRN: https://
ssrn.com/abstract=1727583; J. David Bleich & Arthur Jacobson, Jewish Legal Tradition, in THE
CAMBRIDGE COMPANION TO COMPARATIVE LAW (Mauro Bussani & Ugo Mattei eds., 2012).


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