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Natural Law’s Return: Uncovering the Roots of Intractability on Guns as Prelude to New Growth
Journal of Moral Theology, 2023 This essay offers an overview of the recent legal history and politics which have contributed to current intractability on gun issues in the United States. Highlighted in this account is scholarship discussing the relationship between the natural law and
John E. Carter
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On Jim Fleming’s Anti-Originalism
Problema: Anuario de Filosofía y Teoría del Derecho, 2017 James E. Fleming’s new contribution to the interpretive debate successfully exposes “new originalist” failures to find defensible middle ground between a Dworkinian approach to constitutional interpretation and the now widely discredited originalism of ...
Sotirios A. Barber
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, 2017 If our law requires originalism in constitutional interpretation, then that would be a good reason to be an originalist. This insight animates what many have begun to call the positive turn in originalism.
Walsh, Kevin C.
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Living or Dead? Specifics of the Language of the Second Amendment to the U.S. Constitution
Studies in Logic, Grammar and Rhetoric, 2014 The original text of the Constitution of the United States of America, written over 200 years ago, constitutes the supreme source of law in the American legal system.
Kraśnicka Izabela
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Problema: Anuario de Filosofía y Teoría del Derecho, 2017 One of the central debates amongst U. S. constitutional theorists for more than a generation has been between (conservative) ‘originalists’ arguing that, in interpreting and applying the Constitution, judges are duty bound to adhere to the original ...
Ken I. Kersch
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On Appeals to Non-existent Authorities as Arguments from Analogy
Informal Logic, 2021 Herein, I consider arguments resting on an appeal to a non-existent authority as a species of argument from authority, and ultimately show them to be reliant on arguments from analogy in their inferential force. Three sub-types of argument are discussed:
Martin Hinton
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Fidelity to our Imperfect Constitution: a Response to Five Views
Problema: Anuario de Filosofía y Teoría del Derecho, 2017 In my recent book, Fidelity to Our Imperfect Constitution, I put forward a sustained critique of originalism in all its forms and defend what Ronald Dworkin called a “moral reading” of the U. S. Constitution and what Sotirios A.
James E. Fleming
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The Economic Journal, 1892 Publisher Summary This chapter discusses the origin of money. Money is used as a token in trade to reassure traders in such a sequence that they are not making an egregiously bad deal. This leads to an alternate line of investigation, recognition that a theory of a medium of exchange is inter alia a theory of the liquidity or saleability of ...
Menger, Carl, Menger, Karl
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Masalah-Masalah HukumConstitutional interpretation is a crucial and evolving field that extends beyond judges, involving legal scholars, citizens, and political theorists. It encompasses various methods such as originalism, textualism, moral reasoning, structural reasoning ...
Muhammad Ilham Hermawan
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Originalism and Non-Originalism as Legal Hermeneutics
University of Bologna Law ReviewOne of the hermeneutic elements that are decisive in the development of legislative acts and judicial decisions is the interpretation of the Constitution, the pillar of the legal system.
Manuel Lázaro Pulido
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