Worse than nothing the dangerous fallacy of originalism / Erwin Chemerinsky.
| Author/creator | Chemerinsky, Erwin |
| Format | Electronic |
| Publication Info | New Haven : Yale University Press, [2022] |
| Description | xiii, 248 pages ; 23 cm |
| Supplemental Content | Full text available from Ebook Central - Academic Complete |
| Subjects |
| Contents | The rise of originalism -- The allure of originalism -- The epistemological problem -- The incoherence problem -- The abhorrence problem -- The modernity problem -- The hypocrisy problem -- In defense of non-originalism -- We should be afraid. |
| Summary | Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Three of the Supreme Court's nine justices explicitly embrace the originalist approach, as do increasing numbers of judges in the lower courts. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be an inflexible and shows how it is often impossible to know what the "original intent" of any particular provision was. Perhaps worst of all, though its supporters tout it as a politically neutral and objective method, originalist interpretation tends to disappear when its results fail to conform to modern conservative ideology. |
| Bibliography note | Includes bibliographical references and index. |
| Access restriction | Available only to authorized users. |
| Technical details | Mode of access: World Wide Web |
| Issued in other form | ebook version : 9780300268485 |
| Genre/form | Electronic books. |
| LCCN | 2022932068 |
| ISBN | 9780300259902 (hardcover) |
| ISBN | 0300259905 (hardcover) |
| ISBN | (ePub ebook) |
Availability
| Library | Location | Call Number | Status | Item Actions |
|---|---|---|---|---|
| Electronic Resources | Access Content Online | ✔ Available |