Originalism As Faith

Tracing the development of originalism, Eric J. Segall shows how judges often use the theory to reach politically desirable results.

List of contents

Prologue; 1. Originalism and judicial review: an introduction; 2. Judicial review at the beginning; 3. Originalism's path; 4. The original originalists and their critics; 5. The new originalism; 6. The new, new originalists; 7. The non-originalism of justices Scalia and Thomas; 8. Originalism without strong deference cannot work; 9. Values and ideology drive supreme court decisions; 10. Originalism as faith; Conclusion.

About the author

Eric J. Segall is the Kathy and Lawrence Ashe Professor of Law at Georgia State University College of Law. He is the author of Supreme Myths: Why the Supreme Court is Not a Court and its Justices are Not Judges (2012).

Summary

Originalism as Faith shows how originalism is often used by judges as a pretext for reaching politically desirable results. It will be of interest to anyone interested in an evaluation of originalism as a theory of constitutional interpretation, a political weapon, and an article of faith.

Product details

• Authors: Eric J. Segall, Eric J. (College of Law Segall, Segall Eric J.
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Hardback
• Released: 31.10.2018
• EAN: 9781107188556
• ISBN: 978-1-107-18855-6
• No. of pages: 254
• Subjects: Social sciences, law, business > Law > Public law, administrative procedural law, constitutional procedural law; USA, LAW / Constitutional, LAW / Judicial Power, United States of America, USA, Constitution: government & the state, Constitution: government and the state, Judicial powers, Constitutional & administrative law, Constitutional and administrative law: general, Jurisprudence & Philosophy Of Law, Methods, theory and philosophy of law, Legal systems: judges and judicial powers