The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Originalism: A Deep Dive
a seven-episode mini series on originalist theory
As I mentioned earlier, my colleague Adam Chilton and I spent last winter recording a quarter-long conversation about originalism. Our basic goal was to work through a systematic argument for originalism together, with me advancing my theory of constitutional interpretation while Adam asked questions, expressed skepticism, and generally tried to understand the strong and weak points of the argument (without necessarily being persuaded by it).
All seven episodes are now up:
- Deep Dive Episode One: The Emergence of Originalism
- Deep Dive Episode Two: The Counterarguments
- Deep Dive Episode Three: The Positive Turn
- Deep Dive Episode Four: Applications
- Deep Dive Episode Five: Original Law Originalism
- Deep Dive Episode Six: The Oath
- Deep Dive Episode Seven: Politics
Comments/reactions to the whole series are welcome. (And sorry the audio quality isn't better.) I may do another one on a very different topic next year, like critical race theory or feminist legal theory, if I can find the right people.
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