eBook - PDF
The Challenge of Originalism
Theories of Constitutional Interpretation
- 318 pages
- English
- PDF
- 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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Table of contents
- Cover
- Title
- Copyright
- Contents
- Preface
- Contributors
- The Challenge of Originalism: Theories of Constitutional Interpretation
- PART ONE. EXPOSITION AND DEFENSE
- 2 The Case for Originalism
- 3 On Pluralism within Originalism
- PART TWO. INTERPRETATION AND INTENTION
- 5 The Intentionalist Thesis Once More
- 6 Origin Myth: The Persons Case, the Living Tree, and the New Originalism
- PART THREE. ORIGINALISM AND CONSTITUTIONAL SETTLEMENT
- 8 The Curious Concept of the “Living Tree” (or Non-Locked-In) Constitution
- 9 Vagueness, Finiteness, and the Limits of Interpretation and Construction
- PART FOUR. CHALLENGES AND CRITIQUES
- 11 Reflective Equilibrium and Constitutional Method: Lessons from John McCain and the Natural-Born Citizenship Clause
- 12 Constitutions, Originalism, and Meaning
- Index
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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 1.5 million books available in our catalogue for you to explore.