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The Tempting of Originalism.

紀錄類型:	書目-語言資料,手稿 : Monograph/item
正題名/作者:	The Tempting of Originalism./
作者:	Dailey, Christopher M.
面頁冊數:	1 online resource (50 pages)
附註:	Source: Masters Abstracts International, Volume: 56-06.
標題:	Law. -
電子資源:	click for full text (PQDT)
ISBN:	9780355141078

The Tempting of Originalism.
Dailey, Christopher M.

The Tempting of Originalism. - 1 online resource (50 pages)

Source: Masters Abstracts International, Volume: 56-06.

Thesis (M.A.)--Boston University, 2017.

Includes bibliographical references

This thesis analyzes competing theories of constitutional interpretation. Originalism as traditionally understood maintains that proper constitutional interpretation involves consulting the historical record for what the words meant at the time of ratification. This position is in stark opposition to moral reading, which views certain constitutional provisions as embodying broad philosophical principles that must be interpreted according to the best understanding of our constitutional commitments. Originalism seeks historical truths of constitutional meaning whereas moral reading aims primarily toward ethical adjudication and constitutional perfection. I track the origins of originalism and its development in American legal scholarship while analyzing the interpretive shortcomings and ethical dilemmas the theory poses. I ultimately reject originalisms as traditionally conceived as antithetical to American constitutional ideals, as blind to the teachings of this Nation's jurisprudential history, and as more theoretically problematic than the moral reading it attempts to combat. I further contend that the newest wave of originalist thinking, which recognizes broad constitutional commitments, is no more than moral reading in disguise. I conclude that moral reading is a more defensible theory of constitutional interpretation and that new originalists ultimately agree.

Electronic reproduction.
Ann Arbor, Mich. :
ProQuest,
2018

Mode of access: World Wide Web

ISBN: 9780355141078Subjects--Topical Terms:

671705
Law.
Index Terms--Genre/Form:

554714
Electronic books.

The Tempting of Originalism.
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500 $a Source: Masters Abstracts International, Volume: 56-06.
500 $a Advisers: Hugh W. Baxter; James E. Fleming.
502 $a Thesis (M.A.)--Boston University, 2017.
504 $a Includes bibliographical references
520 $a This thesis analyzes competing theories of constitutional interpretation. Originalism as traditionally understood maintains that proper constitutional interpretation involves consulting the historical record for what the words meant at the time of ratification. This position is in stark opposition to moral reading, which views certain constitutional provisions as embodying broad philosophical principles that must be interpreted according to the best understanding of our constitutional commitments. Originalism seeks historical truths of constitutional meaning whereas moral reading aims primarily toward ethical adjudication and constitutional perfection. I track the origins of originalism and its development in American legal scholarship while analyzing the interpretive shortcomings and ethical dilemmas the theory poses. I ultimately reject originalisms as traditionally conceived as antithetical to American constitutional ideals, as blind to the teachings of this Nation's jurisprudential history, and as more theoretically problematic than the moral reading it attempts to combat. I further contend that the newest wave of originalist thinking, which recognizes broad constitutional commitments, is no more than moral reading in disguise. I conclude that moral reading is a more defensible theory of constitutional interpretation and that new originalists ultimately agree.
533 $a Electronic reproduction. $b Ann Arbor, Mich. : $c ProQuest, $d 2018
538 $a Mode of access: World Wide Web
650 4 $a Law. $3 671705
655 7 $a Electronic books. $2 local $3 554714
690 $a 0398
710 2 $a ProQuest Information and Learning Co. $3 1178819
710 2 $a Boston University. $b Philosophy. $3 1184658
856 4 0 $u http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=10265811 $z click for full text (PQDT)