The challenge of originalism
Subtitle: essays in constitutional theory
By: [edited by] Grant Huscroft, Bradley Miller
Publisher: Cambridge University Press
Published: 2011
Place of publication: New York
Language: eng
Number of pages: 316
ISBN-13: 9781107013254
Subjects: Philosophy; Constitutional law; Interpretation and construction; Law; LAW / Jurisprudence; Origin (Philosophy)
Description: "Originalism is a force to be reckoned with in constitutional interpretation. At one time a monolithic theory of constitutional interpretation, contemporary originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists harness the resources of linguistic, moral, and political philosophy to propose methodologies for the interpretation of constitutional texts and provide reasons for fidelity to those texts. The essays in this volume, which includes contributions from the flag bearers of several competing schools of constitutional interpretation, provides an introduction to the development of originalist thought, showcases the great range of contemporary originalist constitutional scholarship, and situates competing schools of thought in dialogue with each other. They also make new contributions to the methodological and normative disputes between originalists and non-originalists, and among originalists themselves"--
Notes: Includes bibliographical references and index.
Table of contents: title: What is originalism? : the evolution of contemporary originalist theory / Lawrence B. Solum; title: The case for originalism / Jeffrey Goldsworthy; title: On pluralism within originalism / Keith E. Whittington; title: Simple-minded originalism / Larry Alexander; title: The intentionalist thesis once more / Stanley Fish; title: Origin myth : the persons case, the living tree, and the new originalism / Bradley W. Miller; title: Originalism's constitution / Grégoire C. N. Webber; title: The curious concept of the 'living tree (or non-locked-in) constitution / James Allan; title: Vagueness, finiteness, and the limits of interpretation and construction / Grant Huscroft; title: That old-time originalism / Steven D. Smith; title: Reflective equilibrium and constitutional method / Mitchell N. Berman; title: Constitutions, originalism, and meaning / Brian H. Bix.