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Constitutional Originalism: A Debate,Used
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Problems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called 'originalism.' The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while others focus on the original public meaning of the constitutional text. This idea has enjoyed a modern resurgence, in good part in reaction to the assumption of more sweeping power by the judiciary, operating in the name of constitutional interpretation. Those arguing for a 'living Constitution' that keeps up with a changing world and changing values have resisted originalism. This difference in legal philosophy and jurisprudence has, since the 1970s, spilled over into party politics and the partisan wrangling over court appointments from appellate courts to the Supreme Court.In Constitutional Originalism, Robert W. Bennett and Lawrence B. Solum elucidate the two sides of this debate and mediate between them in order to separate differences that are real from those that are only apparent. In a thorough exploration of the range of contemporary views on originalism, the authors articulate and defend sharply contrasting positions. Solum brings learning from the philosophy of language to his argument in favor of originalism, and Bennett highlights interpretational problems in the disputeresolution context, describing instances in which a living Constitution is a more feasible and productive position. The book explores those contrasting positions, to be sure, but also uncovers important points of agreement for the interpretational enterprise. This provocative and absorbing book ends with a bibliographic essay that points to landmark works in the field and helps lay readers and students orient themselves within the literature of the debate.
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- Q: What is the main topic of 'Constitutional Originalism: A Debate'? A: The book discusses the debate surrounding constitutional interpretation, focusing on originalism and contrasting it with the philosophy of a living Constitution.
- Q: Who are the authors of this book? A: The authors are Robert W. Bennett and Lawrence B. Solum, both of whom provide distinct perspectives on the topic of originalism.
- Q: What are the key features of this book? A: The book is a hardcover edition, contains 224 pages, and is in new condition. It thoroughly explores contemporary views on originalism.
- Q: When was 'Constitutional Originalism: A Debate' published? A: The book was published on June 6, 2011.
- Q: What distinguishes this book from other books on constitutional law? A: It offers a balanced view of the originalism debate, presenting contrasting positions while also identifying points of agreement in the interpretational process.
- Q: Is this book suitable for students? A: Yes, the book is designed to help lay readers and students understand the complexities of the constitutional interpretation debate.
- Q: What can readers expect at the end of the book? A: The book concludes with a bibliographic essay that highlights landmark works in the field of constitutional interpretation.
- Q: How does this book address the concept of a 'living Constitution'? A: It discusses the arguments against originalism, particularly from proponents of a living Constitution who advocate for interpreting the Constitution in light of contemporary values.
- Q: What is the condition of the book being sold? A: The book is classified as a used book in good condition.
- Q: Can you summarize the main arguments presented by the authors? A: The authors articulate and defend sharply contrasting positions on originalism, with Bennett emphasizing interpretational challenges and Solum supporting originalist principles informed by the philosophy of language.