Posted by Eugene Volokh:
Originalism:
http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118955298
[1]Stuart Buck on originalism:
One of the common objections to originalism is that it's too hard.
All of these overworked judges and Justices don't have the time or
expertise to do real historical research into the original meaning
of a constitutional provision.1 It is usually liberals who make
this charge. While I don't have any specific person in mind, it is
curious that the latest liberal cause du jour has been to urge
judges to consider the opinions of foreign courts. How are judges
supposed to be capable of accomplishing that task? If a judge,
despite American legal training, finds it too difficult to
understand the history and context of the American Constitution,
how likely is it that the judge will be capable of understanding
all that is relevant about decisions written in another language
and in a completely different context?
There's more in his post.
References
1. http://stuartbuck.blogspot.com/2005/06/originalism.html
_______________________________________________
Volokh mailing list
Volokh@lists.powerblogs.com
http://highsorcery.com/cgi-bin/mailman/listinfo/volokh
