The challenge of originalism : theories of constitutional interpretation / edited by Grant Huscroft, Bradley Miller.

Format:

Book

Contributor:

Huscroft, Grant, editor.

Miller, Bradley W. (Bradley Wayne), 1968- editor.

Language:

English

Subjects (All):

Constitutional law--Philosophy.

Constitutional law.

Law--Interpretation and construction.

Law.

Origin (Philosophy).

Physical Description:

1 online resource (ix, 305 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2011.

System Details:

text file

PDF

Summary:

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.

Contents:

pt. One. Exposition and defense

What is originalism? : the evolution of contemporary originalist theory / Lawrence B. Solum

The case for originalism / Jeffrey Goldsworthy

On pluralism within originalism / Keith E. Whittington

part Two. Interpretation and intention

Simple-minded originalism / Larry Alexander

The intentionalist thesis once more / Stanley Fish

Origin myth : the persons case, the living tree, and the new originalism / Bradley W. Miller

part Three. Originalism and constitutional settlement

Originalism's constitution / Grégoire C.N. Webber

The curious concept of the 'living tree (or non-locked-in) constitution / James Allan

Vagueness, finiteness, and the limits of interpretation and construction / Grant Huscroft

part Four. Challenges and critiques

That old-time originalism / Steven D. Smith

Reflective equilibrium and constitutional method : lessons from John McCain and the natural-born citizenship clause / Mitchell N. Berman

Constitutions, originalism, and meaning / Brian H. Bix.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9781139003926

Access Restriction:

Restricted for use by site license.