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http://ssrn.com/abstract=1150447
 
 

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That Old-Time Originalism


Steven Douglas Smith


University of San Diego School of Law

June 23, 2008

San Diego Legal Studies Paper No. 08-028

Abstract:     
In recent years, and especially lately, both the defense and criticism of originalism have become more theoretically sophisticated than they once were, reflecting the influence of philosophy in an analytical vein. But has this sophistication been beneficial? And is it in any case irresistible, so that as Larry Solum suggests, "if philosophical tools make significant contributions to constitutional theory, then constitutional theorists must master them"? This essay questions whether increased philosophical sophistication has benefitted originalism and tentatively concludes that there can be commerce between law and philosophy without colonization.

Number of Pages in PDF File: 34

Keywords: constitutional law, jurisprudence, originalism, constitutional theory

JEL Classification: K10

working papers series





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Date posted: June 25, 2008  

Suggested Citation

Smith, Steven Douglas, That Old-Time Originalism (June 23, 2008). San Diego Legal Studies Paper No. 08-028. Available at SSRN: http://ssrn.com/abstract=1150447 or http://dx.doi.org/10.2139/ssrn.1150447

Contact Information

Steven Douglas Smith (Contact Author)
University of San Diego School of Law ( email )
5998 Alcala Park
San Diego, CA 92110-2492
United States
619-260-7969 (Phone)
619-260-2492 (Fax)
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