Abstract

http://ssrn.com/abstract=1924568
 
 

Footnotes (45)



 


 



The Method of Text and ?: Jack Balkin’s Originalism with No Regrets


Larry Alexander


University of San Diego School of Law

September 8, 2011

University of Illinois Law Review, Forthcoming
San Diego Legal Studies Paper No. 11-067

Abstract:     
In this comment on Jack Balkin’s Living Originalism, I analyze his method of “text and principle.” I have no quarrel with Balkin’s claim that some of the constitutional norms are rules and some are standards. However, his claim that some of the norms are “principles,” which principles do most of the work in his attempt to reconcile originalism and living constitutionalism, is the claim that I find doubtful. I examine three conceptions of what such principles might be, and I conclude that one of them is possible but highly unlikely, while the others are not merely unlikely but impossible of realization.

Number of Pages in PDF File: 16

Keywords: originalism, rule, standard, principle, jurisprudence, constitutional interpretation

JEL Classification: K10

Accepted Paper Series


Download This Paper

Date posted: September 9, 2011  

Suggested Citation

Alexander, Larry, The Method of Text and ?: Jack Balkin’s Originalism with No Regrets (September 8, 2011). University of Illinois Law Review, Forthcoming; San Diego Legal Studies Paper No. 11-067. Available at SSRN: http://ssrn.com/abstract=1924568

Contact Information

Lawrence Alexander (Contact Author)
University of San Diego School of Law ( email )
5998 Alcala Park
San Diego, CA 92110-2492
United States
619-260-2317 (Phone)
619-260-4728 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 847
Downloads: 177
Download Rank: 99,409
Footnotes:  45

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.218 seconds