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Originalism's Promise Lee J. Strang (University of Toledo, Ohio)

Originalism's Promise By Lee J. Strang (University of Toledo, Ohio)

Originalism's Promise by Lee J. Strang (University of Toledo, Ohio)

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Summary

Originalism's Promise helps Americans know their own Constitution and shows why their reverence for it, its Framers, and its legal system, is sound and valuable. The book offers a way out of the bitter fights represented by the Kavanaugh hearings, and marries the Constitution to natural law.

Originalism's Promise Summary

Originalism's Promise: A Natural Law Account of the American Constitution by Lee J. Strang (University of Toledo, Ohio)

The foundation of the American legal system and democratic culture is its longstanding written Constitution. However, a contentious debate now exists between originalists, who employ the Constitution's original meaning, and Nonoriginalists, who argue for a living constitution interpretation. The first natural law justification for an originalist interpretation of the American Constitution, Originalism's Promise presents an innovative foundation for originalism and a novel description of its character. The book provides a deep, rich, and practical explanation of originalism, including the most-detailed originalist theory of precedent in the literature. Of interest to judges, scholars, and lawyers, it will help all Americans better understand their own Constitution and shows why their reverence for it, its Framers, and its legal system, is supported by sound reasons. Originalism's Promise is a powerful contribution to the most important theory in constitutional interpretation.

Originalism's Promise Reviews

'Lee J. Strang has provided us with a fresh new explanation and defense of an approach to constitutional interpretation that emphasizes the need for fidelity to original meaning. Unusually, he has built a bridge between originalist theory and modern natural law theory that engages with important ideas in the philosophy of law as well as constitutional theory. A formidable piece of scholarship that deserves close scrutiny.' Keith E. Whittington, Princeton University, New Jersey
'Originalism's Promise provides a sophisticated and important defense of constitutional originalism. Drawing on history, constitutional theory, and the natural law tradition, Professor Strang makes a compelling case that fidelity to the original meaning of the constitutional text is required by both law and morality. His law-as-coordination account of originalism offers a new and distinctive view of the role of the Constitution. In a field where it is difficult to say something that is novel and convincing, Originalism's Promise does both, illuminating old debates and posing new questions. Highly recommended.' Lawrence B. Solum, Carmack-Waterhouse Professor of Law, Georgetown University, Washington DC
'It marks a masterful contribution to originalist literature and is indeed promising for advancing the integration of natural law and originalist jurisprudence.' Karen Taliaferro, Starting Points
'It [Originalism's Promise] provides a useful summary of the current developments among originalists and the author is well read and well informed ... and attempts a new and original defense of originalism based on natural law. The book is amply footnoted and well documented on the topic, addressing numerous current controversies among originalists, and those who are interested in the originalist doctrine will no doubt find it useful. Indeed, it is striking how much diversity and disagreement there is among those who call themselves originalists.' Whitley Kaufman, Law and Politics Book Review

About Lee J. Strang (University of Toledo, Ohio)

Lee J. Strang is John W. Stoepler Professor of Law and Values at the College of Law, University of Toledo, Ohio. In 2015, Professor Strang was a visiting scholar at the Georgetown Center for the Constitution, and in 2016 he was appointed to the Ohio Advisory Committee of the US Commission on Civil Rights. The University of Toledo, Ohio awarded Professor Strang its Outstanding Faculty Research and Scholarship Award in 2017. During the 2018-19 academic year, Professor Strang was a visiting fellow at the James Madison Program at Princeton University, New Jersey.

Table of Contents

Introduction; Part I. A Description of Originalism: 1. A brief history of originalism in American constitutional interpretation; 2. The constitutional communication model of originalism; Part II. Originalism is the Best Explanation of our Existing Constitutional Practice and the Most Normatively Attractive Theory of Constitutional Interpretation: 3. Originalism is the best explanation for our existing constitutional practice; 4. Originalism best advances Americans' human flourishing: the law-as-coordination account of originalism; 5. Conclusion; Index.

Additional information

NLS9781108468732
9781108468732
110846873X
Originalism's Promise: A Natural Law Account of the American Constitution by Lee J. Strang (University of Toledo, Ohio)
Lee J. Strang (University of Toledo, Ohio)
New
Paperback
Cambridge University Press
2019-08-08
326
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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