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Originalism as Faith (Paperback)
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Originalism as Faith (Paperback)
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Originalism as Faith presents a comprehensive history of the
originalism debates. It shows how the doctrine is rarely used by
the Supreme Court, but is employed by academics, pundits and judges
to maintain the mistaken faith that the Court decides cases under
the law instead of the Justices' personal values. Tracing the
development of the doctrine from the founding to present day, Eric
J. Segall shows how originalism is used by judges as a pretext for
reaching politically desirable results. The book also presents an
accurate description and evaluation of the late Justice Scalia's
jurisprudence and shows how he failed to practice the originalism
method that he preached. This illuminating work will be of interest
to lawyers, law students, undergraduates studying the Court, law
professors and anyone else interested in an honest discussion and
evaluation of originalism as a theory of constitutional
interpretation, a political weapon, and an article of faith.
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