Originalism's Promise: A Natural Law Account of the American Constitution
Cambridge University Press, 8/8/2019
EAN 9781108475631, ISBN10: 1108475639
Hardcover, 326 pages, 22.9 x 15.2 x 1.9 cm
Language: English
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.
Introduction
Part I. A Description of Originalism
1. A brief history of originalism in American constitutional interpretation
2. The constitutional communication model of originalism
Part II. Originalism is the Best Explanation of our Existing Constitutional Practice and the Most Normatively Attractive Theory of Constitutional Interpretation
3. Originalism is the best explanation for our existing constitutional practice
4. Originalism best advances Americans' human flourishing
the law-as-coordination account of originalism
5. Conclusion
Index.