Comment by alphazard
4 months ago
Write-time understandings no, write-time language yes. You can always change it, which is what happened in the case of women and slaves. To be clear, changing the text is the correct way to handle that, we shouldn't have just relied on the understandings of people changing over time to fix those issues.
The famous example you give illustrates why a system without precise meaning cannot work. It can seem like it works when lots of people act in good faith, but it quickly breaks down with even a few actors play the actual game instead of some "spirit of the game". In 1973, judges ruled one way, playing the actual game to accomplish a goal, and then everyone acted surprised in 2022, when the same tactics (playing the actual game not the spirit) reverted the decision.
I'm going to take a guess, and assume that you were in favor of the 1973 understanding and not the 2022 understanding. It would have been nice for that to have been captured precisely in some kind of specification, instead of enacted with a volatile read-time mechanism.
I don't live in the US and I'm rather indifferent to either understanding, so it would be correct to say that I'm neither in favour nor in opposition of any one of these. Being personally unaffected, I simply find it an interesting subject to observe.
With that, I still want to point out that even if we both agree that "changing the text is the correct way to handle," it's not a possibility that is even remotely practical or achievable; any meaningful progress that the US have had in the last 100 years or so was achieved solely by the means of "reinventing" the meaning of already written (and unchangeable) words. That seems to be the exact thing you seem to be in opposition of.
Wouldn't 1973 be spirit based and 2022 be text based in this instance?