Document Type
Article
Publication Date
2007
ISSN
0025-4282
Publisher
University of Maryland Francis King Carey School of Law
Language
en-US
Abstract
Are we all originalists now? If anything would prompt that question, it would be Ronald Dworkin and Jack Balkin dressing up their theories in the garb of originalism (or, at any rate, being interpreted as originalists). For they are exemplars of two bete noires of originalism as conventionally understood: namely, the moral reading of the Constitution, and pragmatic, living constitutionalism, respectively.' Yet in recent years Dworkin has been interpreted as an abstract originalist2 and Balkin has now embraced the method of text and principle, which he presents as a form of abstract originalism.'
Recommended Citation
James E. Fleming,
The Balkanization of Originalism
,
in
67
Maryland Law Review
10
(2007).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/2811
