SmartSellTM - The New Way to Sell Online

Shop over a million Toys in our Huge New Range

The Challenge of Originalism
By

Rating
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.
Product Details

Table of Contents

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 Gregoire 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.

About the Author

Grant Huscroft is a Professor of Law at the University of Western Ontario and is a member of Western Law's Public Law and Legal Philosophy research group. He was a member of the Faculty of Law at the University of Auckland, New Zealand from 1992 to 2002 and has been a visiting Professor at McGill University. He has written extensively about constitutional rights and judicial review and his work has been published in Canada, the United States, the UK, New Zealand and Australia. He is co-author of the treatise The New Zealand Bill of Rights (2003) and has edited or co-edited six collections of essays. Bradley W. Miller is an Associate Professor in the Faculty of Law at the University of Western Ontario and is a member of Western Law's Public Law and Legal Philosophy research group. He is called to the bars of British Columbia and Ontario and has appeared before all levels of court in Ontario, including the Supreme Court of Canada. His research is focused on theories of constitutional interpretation and the place of moral reasoning in legal reasoning. His papers have been published in edited collections and in the American Journal of Jurisprudence, the Canadian Journal of Law and Jurisprudence, Public Law Review and Res Publica.

Look for similar items by category
Home » Books » Nonfiction » Law » Constitutional
Home » Books » Nonfiction » Law » Jurisprudence
How Fishpond Works
Fishpond works with suppliers all over the world to bring you a huge selection of products, really great prices, and delivery included on over 25 million products that we sell. We do our best every day to make Fishpond an awesome place for customers to shop and get what they want — all at the best prices online.
Webmasters, Bloggers & Website Owners
You can earn a 5% commission by selling The Challenge of Originalism: Theories of Constitutional Interpretation on your website. It's easy to get started - we will give you example code. After you're set-up, your website can earn you money while you work, play or even sleep! You should start right now!
Authors / Publishers
Are you the Author or Publisher of a book? Or the manufacturer of one of the millions of products that we sell. You can improve sales and grow your revenue by submitting additional information on this title. The better the information we have about a product, the more we will sell!
Item ships from and is sold by Fishpond World Ltd.
Back to top