Why Should Anyone Be an Originalist?

Why Should Anyone Be an Originalist?

  • Jeffrey A. Pojanowski

Abstract

Abstract: Perché dovremmo essere tutti originalisti? – This essay offers a defense of originalist constitutional interpretation grounded on the moral purposes of positive law. This essay draws on the natural law tradition to argue that a reasonably just set of constitutional rules merits the interpreter’s moral obligation. This is so not because a given constitution is perfectly just, nor because the constitution “just is,” but rather because a practically reasonable person should promote the moral benefits of a posited and durable, framework of cooperation that passes the threshold of moral acceptability. And, because practical reason underdetermines what kind of constitution a polity should choose, many modern constitutions clear that threshold.


Keywords: Natural law; constitutional interpretation; originalism.

Published
Oct 12, 2017
How to Cite
A. POJANOWSKI, Jeffrey. Why Should Anyone Be an Originalist?. DPCE Online, [S.l.], v. 31, n. 3, oct. 2017. ISSN 2037-6677. Available at: <http://www.dpceonline.it/index.php/dpceonline/article/view/429>. Date accessed: 16 july 2019.
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Section
Casi e questioni