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Fidelity to Our Imperfect Constitution
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Fidelity to Our Imperfect Constitution: For Moral Readings and Against Originalisms

James E. Fleming

Abstract

In recent years, some have asked, “Are we all originalists now?” This book puts forward a sustained critique of originalism—whether old or new, concrete or abstract, living or dead. Instead, the book defends what Ronald Dworkin called a “moral reading” of the United States Constitution or a “philosophic approach” to constitutional interpretation: conceptions of the Constitution as embodying abstract moral and political principles—not codifying concrete historical rules or practices—and of interpretation of those principles as requiring normative judgments about how they are best understood—not ... More

Keywords: constitutional fidelity, constitutional interpretation, living constitutionalism, moral reading, new originalism, originalism, original meanings, philosophic approach

Bibliographic Information

Print publication date: 2015 Print ISBN-13: 9780199793372
Published to Oxford Scholarship Online: August 2015 DOI:10.1093/acprof:oso/9780199793372.001.0001

Authors

Affiliations are at time of print publication.

James E. Fleming, author
Professor of Law and The Honorable Frank R. Kenison Distinguished Scholar in Law, Boston University School of Law

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