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10 - That Old-Time Originalism

from Part Four - Challenges and Critiques

Published online by Cambridge University Press:  07 October 2011

Grant Huscroft
Affiliation:
University of Western Ontario
Bradley W. Miller
Affiliation:
University of Western Ontario
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Summary

Whether courts should interpret constitutional provisions according to their “original meaning” was a live and much-debated question a generation ago and, perhaps surprisingly, it is a live and much-debated question now. But current debates are not just well-worn reruns of the older ones. The conspicuous change is that the subject has become more theoretically sophisticated than it once was. Contemporary discussions increasingly exhibit the influence of philosophy in an analytical vein.

So, has that influence been beneficial? In this essay, I want to question whether it has been. And I want to attempt a modest and tentative defense of the old-fashioned originalism, not so much against its cultured despisers as against its cultured supporters.

Type
Chapter
Information
The Challenge of Originalism
Theories of Constitutional Interpretation
, pp. 223 - 245
Publisher: Cambridge University Press
Print publication year: 2011

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References

Dworkin, Ronald 1977
2002
Bork, Robert H. 1990
2008
Campos, Paul F. 1996
Barnett, Randy E. 1999
2008
Whittington, Keith E. 1999
1999
Dworkin, RonaldGutmann, Amy 1997
Gadamer, Hans-Georg 1999
Ely, John Hart 1973
1995
1991
Bacon, Francis 1963
Wittgenstein, Ludwig 1958
2007
Smith, Steven D. 2004
1997
Hatch, Nathan O. 1989

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