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Debt Against the Living : An Introduction to Originalism by Ilan Wurman (2017, Trade Paperback)

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Debt Against the Living : An Introduction to Originalism, Paperback by Wurman, Ilan, ISBN 1108412165, ISBN-13 9781108412162, Brand New, Free shipping in the US

About this product

Product Identifiers

PublisherCambridge University Press

ISBN-101108412165

ISBN-139781108412162

eBay Product ID (ePID)237725588

Product Key Features

Number of Pages168 Pages

Publication NameDebt Against the Living : an Introduction to Originalism

LanguageEnglish

Publication Year2017

SubjectConstitutional, General

TypeTextbook

Subject AreaLaw

AuthorIlan Wurman

FormatTrade Paperback

Dimensions

Item Height0.4 in

Item Weight9.2 Oz

Item Length9 in

Item Width6 in

Additional Product Features

Intended AudienceScholarly & Professional

LCCN2017-019181

ReviewsAdvance praise: 'Ilan Wurman's fine book explores a classic question about constitutions, especially written constitutions, and most especially ours: Why should people in later generations feel bound by rules put in place by people in earlier generations? Wurman has provided a careful, detailed, and properly nuanced argument for James Madison's suggestion that the constitutional order gives rise to a kind of 'debt' that the living have to the dead - an argument that illuminates many current questions in constitutional law.' Robert P. George, McCormick Professor of Jurisprudence and Director of the James Madison Program in American Ideals and Institutions, Princeton University, New Jersey

Dewey Edition23

TitleLeadingA

IllustratedYes

Dewey Decimal342.73001

Table Of ContentForward; Acknowledgments; Introduction; Part I. Preliminaries and Language: 1. The origins of originalism; 2. The meaning of meaning; Part II. The Original Constitution: 3. Constitutional legitimacy; 4. The founders on founding; 5. Interpreting the constitution; Part III. Objections and Recapitulation: 6. Lawyers as historians; 7. Brown v. board and originalism; 8. A coda on nonoriginalisms; Epilogue.

SynopsisThomas Jefferson famously wrote that the earth belongs to the living. His letter to James Madison is often quoted for the proposition that we should not be bound to the 'dead hand of the past', suggesting that the Constitution should instead be interpreted as a living, breathing document. Less well-known is Madison's response, in which he said the improvements made by the dead - including the US Constitution - form a debt against the living, who benefit from them. In this illuminating book, Ilan Wurman introduces Madison's concept of originalism to a new generation and shows how it has shaped the US Supreme Court in ways that are expected to continue following the death of Justice Antonin Scalia, one of the theory's leading proponents. It should be read by anyone seeking a better understanding of originalism and its ongoing influence on the constitutional jurisprudence of the Supreme Court., This book is an introduction to and defense of originalism and the Founding intended for a more general audience. No similar book exists. It is aimed at law students, advanced college students, policymakers, and the politically interested reader seeking a general introduction to originalism and its implications for today.

LC Classification NumberKF4552.W87 2017