Hat tip: Legal Theory Blog
The book then proposes an approach to accomplish the objectives of historical accuracy and objectivity, and therefore legitimacy. Known as the historical guidepost approach, it respects historical methodologies, places text and events in their historical context, is honest about what the evidentiary record does and does not provide, mitigates judicial mythmaking, and applies history as more of a guide to legal reasoning than a strict outcome-determinative tool.
Wednesday, January 22, 2014
New Release: Charles, "Historicism, Originalism and the Constitution"
This spring McFarland & Company will release Historicism, Originalism and the Constitution: The Use and Abuse of the Past in American Jurisprudence by Patrick J. Charles (U.S. Air Force). In the meantime, the book's preface is available on SSRN. Here's the abstract: