Originalism's Promise
A Natural Law Account of the American Constitution

Provides the first natural law justification for an originalist interpretation of the American Constitution.

Lee J. Strang (Author)

9781108468732, Cambridge University Press

Paperback / softback, published 8 August 2019

326 pages
22.8 x 15.1 x 1.9 cm, 0.49 kg

'It [Originalism's Promise] provides a useful summary of the current developments among originalists and the author is well read and well informed … and attempts a new and original defense of originalism based on natural law. The book is amply footnoted and well documented on the topic, addressing numerous current controversies among originalists, and those who are interested in the originalist doctrine will no doubt find it useful. Indeed, it is striking how much diversity and disagreement there is among those who call themselves originalists.' Whitley Kaufman, Law and Politics Book Review

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.

Subject Areas: Constitutional & administrative law [LND], Constitution: government & the state [JPHC], History of the Americas [HBJK]