The Challenge of Originalism
Theories of Constitutional Interpretation

Provides an introduction to the development of originalist thought and showcases the great range of contemporary originalist constitutional scholarship.

Grant Huscroft (Edited by), Bradley W. Miller (Edited by)

9781107613041, Cambridge University Press

Paperback / softback, published 11 July 2013

316 pages
22.9 x 15.2 x 1.6 cm, 0.42 kg

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.

1. What is originalism? The evolution of contemporary originalist theory Lawrence B. Solum
2. The case for originalism Jeffrey Goldsworthy
3. On pluralism within originalism Keith E. Whittington
4. Simple-minded originalism Larry Alexander
5. The intentionalist thesis once more Stanley Fish
6. Origin myth: the persons case, the living tree, and the new originalism Bradley W. Miller
7. Originalism's constitution Grégoire C. N. Webber
8. The curious concept of the 'living tree' (or non-locked-in) constitution James Allan
9. Vagueness, finiteness, and the limits of interpretation and construction Grant Huscroft
10. That old-time originalism Steven D. Smith
11. Reflective equilibrium and constitutional method Mitchell N. Berman
12. Constitutions, originalism, and meaning Brian H. Bix.

Subject Areas: Constitutional & administrative law [LND], Jurisprudence & general issues [LA], Law [L]