The challenge of originalism : theories of constitutional interpretation / edited by Grant Huscroft, Bradley Miller.
2011
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Details
Title
The challenge of originalism : theories of constitutional interpretation / edited by Grant Huscroft, Bradley Miller.
Imprint
Cambridge : Cambridge University Press, 2011.
Description
1 online resource (ix, 305 pages) : digital, PDF file(s)
Formatted Contents Note
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
pt. 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
pt. Three. Originalism and constitutional settlement
Originalism's constitution / Gre⁺ѓgoire 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
pt. 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.
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
pt. 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
pt. Three. Originalism and constitutional settlement
Originalism's constitution / Gre⁺ѓgoire 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
pt. 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.
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.
Note
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
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WWW
Available in Other Form
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Alternate Title
Cambridge Core.
Language
English
ISBN
9781139003926 ebook
9781107013254 (hardback)
9781107613041 (paperback)
9781107013254 (hardback)
9781107613041 (paperback)
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