University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1995 Understanding Changed Readings: Fidelity and Theory Lawrence Lessig Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Lawrence Lessig, "Understanding Changed Readings: Fidelity and Theory," 47 Stanford Law Review 395 (1995). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact
[email protected]. Understanding Changed Readings: Fidelity and Theory Lawrence Lessig* In this article, Professor Lessig proposes a theory to explain how new readings of the Constitution may maintainfidelity with past understandingsof the document's meaning and purpose. After defining schematically some ter- minology for this exercise in "fidelity theory," the authorproposes a general typology of four justificationsfor changed constitutional readings: amend- ment, synthesis, fact translation, and structural translation. Describing this lastjustification as so far overlooked, he illustrates, by way of four historical case studies, how structural translation resultsfrom a pragmatic institutional response by judges to subtle changes in interpretive context-changes both in what ProfessorLessig calls the "uncontested" or backgrounddiscourses of the larger society and, through what he labels the "Erie