SenatorCouzens
Jr. Member
Posts: 267
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« on: December 15, 2020, 10:18:57 PM » |
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I've always found the arguments against originalism much more compelling than the arguments FOR alternative modes of interpretation. To me, this is when originalists' critics lose steam.
Justice Scalia was fond of using the story of two men running from a bear in the woods. One looks to the other and says, "It's no use, we will never out run the bear." And the other man responds, "I don't need to out run the bear, I only need to out run you."
In other words, you really need to offer up a compelling alternative interpretive theory if you want to critique originalism, in my opinion.
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