Articles tagged as common good originalism
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“The Conservative Legal Movement Sputters” — Josh Hammer in the Spectator World
Taking an honest look at today’s conservative jurisprudence, Josh Hammer calls for a return to the Bible, natural law, and the substantive precepts underpinning our constitutional order. Some excerpts: “A sober, empirical assessment of the past four decades paints an ambiguous picture of substantive conservative success in US courthouses. It is simply not obvious how […] -
“Recovering a Conservative State Legal Theory” — Jeffrey Bristol in Anchoring Truths and Law & Liberty
Responding to Holden Tanner and Jesse Merriam, Jeffrey Bristol argues that state courts limit themselves by adopting the same sort of originalism as federal courts–and that Erie, far from wrenching common law reasoning from the states, actually returned state courts to power. Some excerpts: “It may seem surprising to say that originalism ignores state power. […] -
“A Common Law Restoration Serves the Common Good” — Josh Hammer at Anchoring Truths and Law & Liberty
In a symposium in collaboration with Law & Liberty, Josh Hammer responds to Holden Tanner, arguing that conservative judges should look to the Preamble for natural law principles, rather than relying on the unmoored authority of human reason. Such a strategy would better promote common-good originalism in a post-Christian age. Some excerpts: Edmund Burke on […] -
“The Case for the Unconstitutionality of Abortion” — Josh Hammer in Newsweek
Josh Hammer defends a recent essay by John Finnis entitled “Abortion Is Unconstitutional,” arguing for a common good-originalist reading of the 14th Amendment. Some excerpts: “According to Finnis, unborn children are properly understood as ‘persons’ under the 14th Amendment’s Equal Protection Clause, and state-level homicide laws therefore cannot discriminate by protecting born people but not […] -
“In Defense of Common Good Originalism” — Josh Hammer in Public Discourse
In an essay for Public Discourse, Josh Hammer addresses John Grove’s critique of common-good originalism, arguing that, when Constitutional language is vague, the moral principles of America’s founding become useful interpretive tools. Some excerpts from the piece: “It is first worth noting that Grove and I agree on more than he seems to realize. In […] -
PODCAST: Josh Hammer on Common Good Originalism
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 […] -
PODCAST: Jesse Merriam and Josh Hammer on “An Even Better Originalism?”
Patrick Henry College Associate Professor Jesse Merriam and JWI affiliated scholar Josh Hammer joined JWI Deputy Director Garrett Snedeker to discuss Professor Merriam’s article, “A Better Legal Conservatism,” published in The American Mind. Prof. Merriam’s article was in response to “A Better Originalism,” co-authored by Prof. Hadley Arkes, Garrett Snedeker, Josh Hammer, and Matthew Peterson. […] -
VIDEO: “A Better Originalism” Debate featuring JWI’s Garrett Snedeker and Prof. Ilan Wurman
JWI’s Garrett Snedeker and Prof. Ilan Wurman debated the merits of the statement Snedeker co-authored in March 2021, titled “A Better Originalism,” for the Scalia Law School Federalist Society Chapter. -
“A Better Originalism” – Arkes and Snedeker in The American Mind
A new statement of purpose published in The American Mind, written by Prof. Hadley Arkes, Garrett Snedeker, Joshua Hammer, and Matthew Peterson calls upon conservatives to adopt an originalism of moral substance. The authors write: “We are faced with a moment of political crisis. The Biden administration seeks to fundamentally transform the United States by […] -
“A Better Originalism” — Arkes, Hammer, Peterson, and Snedeker in The American Mind
Responding to Bostock v. Clayton County, Hadley Arkes, Joshua Hammer, Matthew Peterson, and Garrett Snedeker appeal to conservatives for an originalism of moral substance and outline four common good-centric principles for legal interpretation. Some excerpts: We stand together to oppose the timid, positivist “Originalism” currently on offer, which ignores both our broader Anglo-American tradition and […]