The Argument for (Living) Originalism: Comments on Jack Balkin's Theory of Constitutional Interpretation

Jerusalem Review of Legal Studies (2013)
  Copy   BIBTEX

Abstract

In this comment I consider Jack Balkin’s general argument for his method of constitutional interpretation – the question of why interpret (the United States Constitution) in this way (as presented in his book Living Originalism). I contrast this question with the way in which the conclusion of this argument should be implemented with regard to specific clauses – the question of how to interpret (the United States Constitution). While the former question is concerned with the general form of the argument, the latter is concerned with a substantiation of one premise in the argument.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 93,745

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Getting into Mischief: On What it Means to Appeal to the U.S. Constitution.Daniel Frost - 2015 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (2):267-287.
Originalism All the Way Down. Or: The Explosion of Progressivism.Peter Martin Jaworski - 2013 - Canadian Journal of Law and Jurisprudence 26 (2):313-340.
The Limits of Natural Law Originalism.Mikołaj Barczentewicz - 2018 - Notre Dame Law Review Online 93:115-130.
Reading the Constitution: An Entanglement and Still Arguable Question.Cecilia Tohaneanu - 2010 - Romanian Review of Political Sciences and International Relations (1).
Constitutional Interpretation and Original Meaning.David Lyons - 1986 - Social Philosophy and Policy 4 (1):75.

Analytics

Added to PP
2013-03-22

Downloads
31 (#129,909)

6 months
5 (#1,552,255)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Re'em Segev
Hebrew University of Jerusalem

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references