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

Author:

Language: Anglais
Cover of the book Originalism's Promise

Subject for Originalism's Promise

Approximative price 123.47 €

In Print (Delivery period: 14 days).

Add to cartAdd to cart
Originalism's Promise
Publication date:
225 p. · Hardback

Approximative price 37.30 €

In Print (Delivery period: 14 days).

Add to cartAdd to cart
Originalism's Promise
Publication date:
225 p. · Paperback
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. Originalism's Promise 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, Originalism's Promise 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.
Lee J. Strang is John W. Stoepler Professor of Law & Values at the University of Toledo, College of Law. In 2015 Professor Strang was a visiting scholar at the Georgetown Center for the Constitution, and in 2016 he was appointed to the Ohio Advisory Committee of the U.S. Commission on Civil Rights. The University of Toledo awarded Professor Strang its Outstanding Faculty Research and Scholarship Award in 2017. During the 2018-2019 academic year, Professor Strang was a visiting fellow at the James Madison Program at Princeton University.