Originalism's promise : a natural law account of the American Constitution / Lee J. Strang.

Format:

Book

Author/Creator:

Strang, Lee J., author.

Language:

English

Subjects (All):

Constitutional law--United States.

Constitutional law.

United States.

Physical Description:

1 online resource (xiii, 314 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2019.

System Details:

text file

PDF

Summary:

The foundation of the American legal system and democratic culture is its longstanding written Constitution. However, a contentious debate now exists between originalists, who employ the Constitution's original meaning, and Nonoriginalists, who argue for a living constitution interpretation. The first natural law justification for an originalist interpretation of the American Constitution, Originalism's Promise presents an innovative foundation for originalism and a novel description of its character. The book provides a deep, rich, and practical explanation of originalism, including the most-detailed originalist theory of precedent in the literature. Of interest to judges, scholars, and lawyers, it will help all Americans better understand their own Constitution and shows why their reverence for it, its Framers, and its legal system, is supported by sound reasons. Originalism's Promise is a powerful contribution to the most important theory in constitutional interpretation.

Contents:

A brief history of originalism in American constitutional interpretation

The constitutional communication model of originalism

Originalism is the best explanation for our existing constitutional practice

Originalism best advances Americans' human flourishing : the law-as-coordination account of originalism

Conclusion.

Notes:

Title from publisher's bibliographic system (viewed on 23 Jul 2019).

Other Format:

Print version:

ISBN:

9781108688093

Access Restriction:

Restricted for use by site license.