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Vol 24 No 2 Feb/March 2019

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Originalism as Faith


ISBN13: 9781316640463
Published: December 2018
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £17.99



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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.

Subjects:
Jurisprudence
Contents:
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.