Подтвердите e-mail

Для публикаций, комментариев, реакций и сообщений подтвердите адрес.

←

Публикация

Предыдущая публикация
Dan Farbman

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

100
Dan Farbman

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!

Обсуждение

Ответы

Dan Farbman

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?

Ответ для Dan Farbman
Dan Farbman

My broader point is that originalism and its boundaries are the inventions of originalists. Which makes originalism very difficult to critique from the outside. It is both totalizing (in the sense that we're "all originalists now") and exclusionary (only some of us are originalists).

Ответ для Dan Farbman
Evan Bernick, a finite mode with a smol hooman and a lorg floof

Respectfully, this isn’t a game to me and I’d as soon ditch the term in these discussions. it’s important for me to delegitimate bad arguments by critiquing them and denying them labels that carry normative weight with powerful people. I’m not in this for conceptual integrity or turf defense.