The Challenge of Originalism
eBook - PDF

The Challenge of Originalism

Theories of Constitutional Interpretation

  1. English
  2. PDF
  3. Available on iOS & Android
eBook - PDF

The Challenge of Originalism

Theories of Constitutional Interpretation

About this book

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.

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Yes, you can access The Challenge of Originalism by Grant Huscroft,Bradley W. Miller in PDF and/or ePUB format, as well as other popular books in Law & Jurisprudence. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Cambridge University Press
Year
2011
Print ISBN
9781107013254
eBook ISBN
9781139120302
Topic
Law
Subtopic
Jurisprudence
Index
Law

Table of contents

  1. Cover
  2. Title
  3. Copyright
  4. Contents
  5. Preface
  6. Contributors
  7. The Challenge of Originalism: Theories of Constitutional Interpretation
  8. PART ONE. EXPOSITION AND DEFENSE
  9. 2 The Case for Originalism
  10. 3 On Pluralism within Originalism
  11. PART TWO. INTERPRETATION AND INTENTION
  12. 5 The Intentionalist Thesis Once More
  13. 6 Origin Myth: The Persons Case, the Living Tree, and the New Originalism
  14. PART THREE. ORIGINALISM AND CONSTITUTIONAL SETTLEMENT
  15. 8 The Curious Concept of the “Living Tree” (or Non-Locked-In) Constitution
  16. 9 Vagueness, Finiteness, and the Limits of Interpretation and Construction
  17. PART FOUR. CHALLENGES AND CRITIQUES
  18. 11 Reflective Equilibrium and Constitutional Method: Lessons from John McCain and the Natural-Born Citizenship Clause
  19. 12 Constitutions, Originalism, and Meaning
  20. Index