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Evan Bernick, a finite mode with a smol hooman and a lorg floof

From premises to conclusion, how he situates himself with respect to prototypically originalist arguments and scholarship, or how I would evaluate his conclusion in a way that he would accept. that tells me that what he is doing is not what I should think of as or call originalism.

Dan Farbman

9 апр., 22:37

This is all fair enough, but still internalist! If you read his essay, he's clearly seeking access to originalist claims to legitimacy (talking about original meanings of jurisdiction, citing originalists). For you to say it's not originalist is assert that this adjacency is not "really" originalist

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Dan Farbman

9 апр., 22:37

From an outsiders perspective, I see Hamburger seeking authority in past meaning in precisely the ways that I find so unappealing about originalism. To the extent that he's open to making presentist policy arguments, I prefer that!

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Dan Farbman

9 апр., 22:37

I'd also add that it seems to me (again as an outsider) that the litigation of what is "true" originalism is part of the insider's game of originalism. I assume that Wurman and Lash are "true" originalists while Hamburger is not? Or are they no longer "true" if they persist in being wrong?