Star Wars and Constitutional Hermeneutics: an analysis of constitutional interpretation from the perspectives of Cass Sunstein and Ronald Dworkin

Guerra nas Estrelas e Hermenêutica Constitucional: uma análise da interpretação constitucional a partir das perspectivas de Cass Sunstein e Ronald Dworkin

The present work intends to make some brief considerations on the process of judicial and constitutional interpretation from the perspectives of two important legal philosophers: Ronald Dworkin and Cass Sunstein. In our analysis, we follow Dworkin's proposal to compare legal interpretation with artistic interpretation, as well as Cass Sunstein’s paper How Star Wars Illuminates Constitutional Law. Therefore, we intend to use the creation process of the Star Wars saga as an illustrative example of our proposal, as Sunstein did. Finally, we argue that Sunstein’s serendipity could be coherently added to Dworkin’s integrity, resulting in what we call flavored integrity.

Keywords:
Legal Theory; Constitutional Hermeneutics; Flavored Integrity