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2. Viennese Lessons: Wittgenstein, Carnap, and Schlick : 2nd Arthur Pap-Lecture 2019

Author

Soames, Scott, Kusch, Martin, Series Editor, Ramharter, Esther, Series Editor, Carrier, Martin, Advisory Editor, Stadler, Friedrich, Series Editor, Schiemer, Georg, Series Editor, Cartwright, Nancy, Advisory Editor, Creath, Richard, Advisory Editor, Ferrari, Massimo, Advisory Editor, Friedman, Michael, Advisory Editor, Galavotti, Maria Carla, Advisory Editor, Galison, Peter, Advisory Editor, Hacohen, Malachi, Advisory Editor, Hegselmann, Rainer, Advisory Editor, Heidelberger, Michael, Advisory Editor, Howard, Don, Advisory Editor, Hoyningen-Huene, Paul, Advisory Editor, Jabloner, Clemens, Advisory Editor, Kox, Anne J., Advisory Editor, Lennox, James G., Advisory Editor, Mormann, Thomas, Advisory Editor, Morscher, Edgar, Advisory Editor, Mulligan, Kevin, Advisory Editor, Nemeth, Elisabeth, Advisory Editor, Nida-Rümelin, Julian, Advisory Editor, Niiniluoto, Ilkka, Advisory Editor, Pfersmann, Otto, Advisory Editor, Rédei, Miklós, Advisory Editor, Richardson, Alan, Advisory Editor, Schurz, Gerhard, Advisory Editor, Sluga, Hans, Advisory Editor, Sober, Elliott, Advisory Editor, Soulez, Antonia, Advisory Editor, Spohn, Wolfgang, Advisory Editor, Stöltzner, Michael, Advisory Editor, Uebel, Thomas E., Advisory Editor, Wagner, Pierre, Advisory Editor, Waters, C. Kenneth, Advisory Editor, Wolters, Gereon, Advisory Editor, Zeilinger, Anton, Advisory Editor, Essler, Wilhelm K., Advisory Editor, Holton, Gerald, Advisory Editor, Janik, Allan S., Advisory Editor, Kamlah, Andreas, Advisory Editor, Köhler, Eckehart, Advisory Editor, Manninen, Juha, Advisory Editor, McGuinness, Brian, Advisory Editor, Oeser, Erhard, Advisory Editor, Schuster, Peter, Advisory Editor, Šebestík, Jan, Advisory Editor, Sigmund, Karl, Advisory Editor, Thiel, Christian, Advisory Editor, Weingartner, Paul, Advisory Editor, Woleński, Jan, Advisory Editor, Stoppelkamp, Bastian, Advisory Editor, Kaller, Robert, Advisory Editor, Bouveresse, Jacques, Advisory Editor, Damböck, Christian, editor, and Tuboly, Adam Tamas, editor

Published
2022
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18. Originalism and Legitimacy

Author

Soames, Scott

Subjects
United States. Supreme Court -- Analysis -- Public opinion -- Social aspects, Law and Legitimacy in the Supreme Court (Nonfiction work) -- Evaluation, Original intent (Law) -- Analysis, Legitimation (Sociology) -- Analysis, Law, Political science
Abstract

This Article expounds and defends a distinctive originalist theory of the legal content and interpretation of American constitutional law against the non-originalist view presented by Richard Fallon in Law and Legitimacy in the Supreme Court. In addition to developing a strong but workable conception of what fidelity to the Constitution demands, I rebut the familiar claim that originalism does not have the resources to reach some normative results that have widely been taken to be constitutive of any acceptable theory of constitutional law., TABLE OF CONTENTS I. WHAT IS LEGITIMACY? 242 II. FALLON'S MORALISTIC CONCEPTION OF THE SUPREME COURT 244 III. AN ORIGINALIST OVERVIEW OF THE CONSTITUTION AND CONSTITUTIONAL LAW 245 IV. ONE [...]

Published
2020

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