Five theses on originalism

Article Abstract:

Soft originalism is more defensible as a theory of interpreting the Constitution than are hard originalism and nonoriginalism, but it needs to be supplemented with Burkean and Madisonian principles. Nonoriginalism fails to supply a coherent system of interpretation, and hard originalism fails to acknowledge that the realities of the 20th Century were not and could not have been contemplated by the Framers of the Constitution. The soft approach respects the constitutional text as a source of guiding principles but incorporates additional case law developments and republican principles.

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Alternatives to originalism?

Article Abstract:

The originalist approach to constitutional interpretation is required of the judiciary because adherence to the Constitution is essential to the preservation of the republic. Originalism is also less rigid than its critics state. Many constitutional provisions were written at a high level of abstraction to intentionally provide for normative indeterminacy and allow future generations to apply the law to specific and changing circumstances. Originalism is superior to any judicial approach relying on popular opinion.

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The autonomy of law in law and economics

Article Abstract:

Economists in the discipline of law and economics have an incomplete understanding of law's autonomous nature. The study of law has been enriched by economic analysis' structuring of debates. Law is autonomous in the senses that particulars may be agreed upon while abstractions are the subject of contention and that cost-benefit analyses fall short of reducing decision and error costs.

Beliefs, opinions and attitudes, Law and economics, Law and economics (Jurisprudence), Autonomy, Autonomy (Political science)

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