Common-Good Originalism

In Defense of Common Good Originalism

AdobeStock 329401240

Contributing Editor Josh Hammer defends against criticism of his Common-Good Originalism essay, arguing that ambiguities in the text’s meaning require us to give precedence to substantive ideals in interpretation.

PODCAST: Josh Hammer on Common Good Originalism

Edited 1

Anchoring Truths contributing editor and JWI affiliated scholar Josh Hammer joined JWI Deputy Director Garrett Snedeker to discuss his new essay in the Harvard Journal of Law and Public Policy, entitled “Common Good Originalism: Our Tradition and our Path Forward.” In the podcast, we talked about the failures of the positivist originalist project, Hammer’s vision

Contra Historicist Originalism

Flickr   USCapitol   Washingtons Inauguration 1789

In his exclusive, inaugural piece, Hammer responds to Professor Stephanie Barclay’s recent article about the non-partisan nature of originalism. Hammer claims that Professor Barclay misrepresents the contemporary right-of-center alternatives to originalism and that these emerging strands better represent our Founding philosophy.

Anchoring Truths
Anchoring Truths is a James Wilson Institute project
The James Wilson Institute’s Mission is to restore to a new generation of lawyers, judges, and citizens the understanding of the American Founders about the first principles of our law and the moral grounds of their own rights.
Learn More