Worse Than Nothing: The Dangerous Fallacy of Originalism (Record no. 46059)
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| 000 -LEADER | |
|---|---|
| fixed length control field | 01432 a2200169 4500 |
| 020 ## - INTERNATIONAL STANDARD BOOK NUMBER | |
| International Standard Book Number | 9780300273984 |
| 082 ## - DEWEY DECIMAL CLASSIFICATION NUMBER | |
| Classification number | 342.73029 CHE |
| 100 ## - MAIN ENTRY--PERSONAL NAME | |
| Personal name | Chemerinsky, Erwin |
| 245 ## - TITLE STATEMENT | |
| Title | Worse Than Nothing: The Dangerous Fallacy of Originalism |
| 260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT) | |
| Name of publisher, distributor, etc | Yale University Press |
| Date of publication, distribution, etc | 2022 |
| Place of publication, distribution, etc | New Haven |
| 300 ## - PHYSICAL DESCRIPTION | |
| Extent | 248 |
| 520 ## - SUMMARY, ETC. | |
| Summary, etc | Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Three of the Supreme Court’s nine justices explicitly embrace the originalist approach, as do increasing numbers of judges in the lower courts.<br/> <br/>Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know what the “original intent” of any particular provision was. Perhaps worst of all, though its supporters tout it as a politically neutral and objective method, originalist interpretation tends to disappear when its results fail to conform to modern conservative ideology. |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name as entry element | Constitutional History |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name as entry element | Law-Interpretation and construction |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name as entry element | United States |
| 942 ## - ADDED ENTRY ELEMENTS (KOHA) | |
| Koha item type | Book |
| Source of classification or shelving scheme | Dewey Decimal Classification |
No items available.
