February 21, 2012

Lawrence Solum: Legal Theory Lexicon: Originalism.

From the introduction:

There are many different theories of constitutional interpretation, but the most controversial and also perhaps the most influential is "originalism"–actually a family of constitutional theories. The idea that courts would look to evidence from the constitutional convention, the ratification debates,The Federalist Papers, and the historical practice shortly after ratification of the Constitution of 1789 (or to equivalent sources for amendments) is an old one. This post provides a very brief introduction to "originalism" that is aimed at law students (especially first-year law students) with an interest in legal theory.

Actually it's a great overview for anyone interested in originalism, even those who have been thinking about it for along time.

Posted at 7:00 AM