Originalism as Faith

Name: Originalism as Faith
Brand: Cambridge University Press
SKU: 9781316640463
Price: 315.25 HKD
Availability: InStock
Author: Eric J. Segall
ISBN: 9781316640463

By Eric J. Segall

Cambridge University Press December 2018

Specifications

ISBN-13: 9781316640463
Publisher: Cambridge University Press
Publication: December 2018
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

Originalism as Faith presents a comprehensive history of the originalism debates. It shows how the doctrine is rarely used by the Supreme Court, but is employed by academics, pundits and judges to maintain the mistaken faith that the Court decides cases under the law instead of the Justices' personal values.

Tracing the development of the doctrine from the founding to present day, Eric Segall shows how originalism is used by judges as a pretext for reaching politically desirable results. The book also presents an accurate description and evaluation of the late Justice Scalia's jurisprudence and shows how he failed to practice the originalism method that he preached.

This illuminating work will be of interest to lawyers, law students, undergraduates studying the Court, law professors and anyone else interested in an honest discussion and evaluation of Originalism as a theory of constitutional interpretation, a political weapon, and an article of faith.

I. Originalism and Judicial Review: An Introduction

II. Judicial Review at the Beginning

III. Originalism's Path

IV. The Original Originalists and their Critics

V. The New Originalism

VI. The New, New Originalists

VII. The Non-Originalism of Justices Scalia and Thomas

VIII. Originalism Without Strong Deference Cannot Work

IX. Values and Ideology Drive Supreme Court Decisions

X. Originalism as Faith.

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