At long last, we discuss originalism with one of its foremost proponents, Lawrence Solum. In this conversation, we focus on Larry's recent effort to identify what constitutes originalism as a category of interpretive theories and what distinguishes it from other theories, including living constitutionalism.
This episode's links:
- Larry Solum's faculty profile and writing
- Legal Theory Blog (see also Larry's very helpful Legal Theory Lexicon)
- Lawrence Solum, Originalism versus Living Constitutionalism: The Conceptual Structure of the Great Debate (As mentioned in this episode, this article is a great starting point for understanding the various theories and methods of originalism and non-originalism. It contains excellent references to the key literature, which we'd ordinarily include here in the show notes. But since it's so comprehensive, we'll just include this link.)
- David Plunkett, Which Concepts Should We Use?: Metalinguistic Negotiations and The Methodology of Philosophy