The James Wilson Foundation on Natural Rights and the American Founding

PODCAST: Josh Hammer on Common Good Originalism

by James Wilson Institute on July 16, 2021

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 for an originalism that pursues substantive conservatives principles, and the role of the Preamble of the Constitution as articulating the telos of the American regime. We also discussed the issues of judicial fortitude, epistemological humility and the problem of history in originalist jurisprudence, and the role of the state in preserving the ends put down in the Preamble.

Listen to the podcast here.

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Law and liberty cannot rationally become the objects of our love, unless they first become the objects of our knowledge.
— James Wilson, Lectures on Law, 1790