Blog Updates
My frequent co-author (and now co-blogger) Steve Sachs and I have a new article out in the Northwestern Law Review, in a symposium issue devoted to “Originalism 3.0.” Our contribution, “Grounding Originalism,” tries to provide philosophical grounding for our approach to originalism, one which emphasizes that originalism is a theory of law, under which our law is the Founders’ law, plus all lawful changes enacted since then. The piece responds in part to criticisms raised by Richard Primus, Mark Greenberg, Mikołaj Barczentewicz, and Charles Barzun, among others (and Eric Segall is publishing a response here). Here is the abstract of our piece:
Because this piece is the latest in a line of five or six pieces that Steve and/or I have written advancing this theory, it doesn’t provide all of the arguments or evidence for our view. But we do provide (p. 1491) what I hope is a helpful summary of how past and present law relate:
As well as (p. 1477-78) another hopefully helpful summary of the evidence we’ve amassed in previous pieces that we think supports our view:
As always, if this provokes further productive criticisms or a counter-argument about theory better describes our law, we’d love to see it! Meanwhile, Steve and I are at work on two more pieces aimed at more specialist literatures, one in history and one in philosophy, which I’ll look forward to sharing here later this year. via Tumblr :@WilliamBaude: Grounding Originalism Published
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