Originalism As Faith

Segall, Eric J.

ISBN 10: 1316640469 / ISBN 13: 9781316640463

Published by Cambridge University Press, 2018

About this Item

Seller Inventory # 32399177-n

Bibliographic Details

Title: Originalism As Faith

Publisher: Cambridge University Press

Publication Date: 2018

Binding: Soft cover

Condition: New

About this title

Synopsis:

Originalism as Faith presents a comprehensive history of the originalism debates. It shows how the doctrine is rarely used by the Supreme Court, but is employed by academics, pundits and judges to maintain the mistaken faith that the Court decides cases under the law instead of the Justices' personal values. Tracing the development of the doctrine from the founding to present day, Eric J. Segall shows how originalism is used by judges as a pretext for reaching politically desirable results. The book also presents an accurate description and evaluation of the late Justice Scalia's jurisprudence and shows how he failed to practice the originalism method that he preached. This illuminating work will be of interest to lawyers, law students, undergraduates studying the Court, law professors and anyone else interested in an honest discussion and evaluation of originalism as a theory of constitutional interpretation, a political weapon, and an article of faith.

Book Description:

Originalism as Faith shows how originalism is often used by judges as a pretext for reaching politically desirable results. It will be of interest to anyone interested in an evaluation of originalism as a theory of constitutional interpretation, a political weapon, and an article of faith.