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Original Intent and the Constitution
Gregory Bassham
其他書名
A Philosophical Study
出版Rowman & Littlefield, 1992
主題Law / Civil ProcedureLaw / ConstitutionalPhilosophy / PoliticalPolitical Science / Political Process / GeneralPolitical Science / Constitutions
ISBN08476773709780847677375
URLhttp://books.google.com.hk/books?id=_B6cAAAAMAAJ&hl=&source=gbs_api
註釋Original Intent and the Constitution is the first full-length study by a professional philosopher of one of the most important constitutional controversies of our time: whether courts, in deciding constitutional cases, must adhere to the "original intent" of the framers. Bassham's central aim is to clarify and to advance the current debate over original intent by bringing to bear on it some of the techniques and conceptual resources of contemporary analytic philosophy. He begins by providing a clear, nontechnical historical introduction to the current debate. Bassham then carefully sorts through the various conflicting ways in which originalism has been characterized in the literature. Having clarified the nature of originalism and presented a topology of originalist theories, Bassham then seeks to determine which of these forms of the theory is most defensible. He argues that a number of standard objections to originalism have little or no force against this most plausible form of the theory. He nonetheless concludes that even this most plausible form of the theory is fatally flawed and should be rejected. The book concludes by sketching a "broadly pragmatic" alternative to originalism - one rooted in the legal thought of one of America's greatest legal pragmatists, Benjamin Cardozo.