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Originalism And The Aristotelian Tradition: Virtue’S Home In Originalism, Lee Strang
Originalism And The Aristotelian Tradition: Virtue’S Home In Originalism, Lee Strang
Lee J Strang
A concept fundamental to philosophy—virtue—is, with a few notable exceptions, absent from scholarship on constitutional interpretation generally, and originalism in particular. Furthermore, common perceptions of both virtue ethics and originalism have prevented exploration of how incorporating virtue ethics’ insights may make originalism a better theory of constitutional interpretation. This Article fills that void by explaining the many ways in which concepts from virtue ethics are compatible with an originalist theory of constitutional interpretation. More importantly, I show that originalism is more normatively attractive and descriptively accurate when it takes on board virtue ethics’ insights.
Originalism must articulate virtue’s role in …
Originalism As Popular Constitutionalism?: Theoretical Possibilities And Practical Differences, Lee Strang
Originalism As Popular Constitutionalism?: Theoretical Possibilities And Practical Differences, Lee Strang
Lee J Strang
The common perception is that originalism and popular constitutionalism are incompatible. Supporting this perception is the widely-shared opinion that most advocates for popular constitutionalism are liberal while most originalists are conservative-libertarian. Not only is this the perception, it has a basis in reality. Looking at the names of leading originalists and popular constitutionalists reveals that there is significant overlap between originalism and conservatism-libertarianism, and between popular constitutionalism and liberalism.
In this Article, I argue that the common perception that originalism and popular constitutionalism are incompatible is mistaken. Instead, I show that there is no uniquely correct answer to the question …