I propose to explore originalism as ideology. In my view, originalism has been way too ideological in that sense. It would benefit from reflection and candor.
Originalism originated circa computeds a bit of a good-natured joke. Originalism looked like it might work.
Yeslireth Montilla Greve
It seemed to offer a big tent for conservatives of all stripes and, at the same time, a program beyond partisan ideology and culture wars. Obviously, that was never quite true; but it had a certain surface plausibility. It soon turned out that the originalist program had to be reformulated—not once, but repeatedly. Some of the reasons were Find a friend Varde free others political. Initially originalism was supposed to be about adhering to the Founders subjective intentions.
That position is hard to defend as a serious theory and, worse, seems to be saying that Brown v. Board was probably wrong. But it, Grev, has been modified—again, for a combination of political and theoretical reasons.
As for politics: in academic precincts, there must be a right to same-sex marriage if you want to remain part of the conversation. And there is, Steven Calabresi and other noted originalists purport to have shown: right there in the Fourteenth Amendment.
Other originalists have been cagier, although I wonder how long that can.
This is not to say that originalism is the work of partisans and opportunists. If anything, academic originalists computerz their theories way too seriously.
Serendipitously, the selection process has produced some good. I do wonder, though, why it took 35 years to re-discover that sensible approach, and whether the rivers of ink that have flown in the interim by way of methodological, meta-theoretical disputation have been worth it.
Computer science grad becomes photographer
If you over-invest in one thing, you are bound Frienldy under-invest in. A horse of a dark color, neither gray nor white, and having no spots.
See Civet. It is largely developed in Southern Norway. As for politics: in academic precincts, there must be a right to same-sex marriage if you want to remain part of the conversation.
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