Book contents
- Originalism’s Promise
- Originalism’s Promise
- Copyright page
- Epigraph
- Contents
- Acknowledgments
- Abbreviations
- Introduction
- Part I A Description of Originalism
- Part II Originalism Is the Best Explanation of Our Existing Constitutional Practice and the Most Normatively Attractive Theory of Constitutional Interpretation
- Conclusion
- Index
Part II - Originalism Is the Best Explanation of Our Existing Constitutional Practice and the Most Normatively Attractive Theory of Constitutional Interpretation
Published online by Cambridge University Press: 19 July 2019
- Originalism’s Promise
- Originalism’s Promise
- Copyright page
- Epigraph
- Contents
- Acknowledgments
- Abbreviations
- Introduction
- Part I A Description of Originalism
- Part II Originalism Is the Best Explanation of Our Existing Constitutional Practice and the Most Normatively Attractive Theory of Constitutional Interpretation
- Conclusion
- Index
Summary
It is important for originalism to fit our constitutional practice. Most importantly, originalism needs to fit our practice because positive law itself is crucially important.2 Positive law is the primary mechanism by which members of a society (of any significant complexity) work together to achieve their corporate common good and individual human flourishing. Positive law must play this role because the natural law cannot because it underdetermines how societies coordinate their members’ actions. Societies therefore create positive law to coordinate toward the common good.
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- Originalism's PromiseA Natural Law Account of the American Constitution, pp. 159 - 308Publisher: Cambridge University PressPrint publication year: 2019