Why Should Anyone Be an Originalist?

Why Should Anyone Be an Originalist?

Authors

  • Jeffrey A. Pojanowski

DOI:

https://doi.org/10.57660/dpceonline.2017.429

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.

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Published

2017-10-12

How to Cite

A. Pojanowski, J. (2017). Why Should Anyone Be an Originalist? Why Should Anyone Be an Originalist?. DPCE Online, 31(3). https://doi.org/10.57660/dpceonline.2017.429

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Section

Casi e questioni