TITLE

ORIGINALISM AND PRAGMATISM: FALSE FRIENDS

AUTHOR(S)
Rosen, Jeffrey
PUB. DATE
June 2008
SOURCE
Harvard Journal of Law & Public Policy;Summer2008, Vol. 31 Issue 3, p937
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article discusses the relationship of originalism and pragmatism. The author stresses that the claim that either pragmatism or originalism can impose restraint on judges in the U.S. in hard cases is illusory. He urges people who support democracy to abandon the concepts of originalism and pragmatism and to accept a tradition of bipartisan judicial restraint. He argues that it is difficult to view pragmatism as a reliable constraint on judicial decision.
ACCESSION #
34074147

 

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