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

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

Name: Originalism's Promise: A Natural Law Account of the American Constitution
Brand: Cambridge University Press
SKU: 9781108468732
Price: 403.52 HKD
Availability: InStock
Author: Lee J. Strang
ISBN: 9781108468732

By Lee J. Strang

Cambridge University Press July 2019

Specifications

ISBN-13: 9781108468732
Publisher: Cambridge University Press
Publication: July 2019
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

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. The book 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, it 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.

Description Contents Resources Courses About the Authors

Table of Contents

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.

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