Articles tagged as common good
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“In Defense of ‘A Better Originalism'” – Prof. Hadley Arkes in Law & Liberty
In an essay for Law & Liberty, James Wilson Institute Founder and Director Prof. Hadley Arkes defends JWI’s recent call in The American Mind for judges to adopt an “originalism of moral substance” against criticism by John Grove. Prof. Arkes argues that Grove misconstrues the nature of moral truths and their role in adjudication, which […] -
“Toward a New Jurisprudential Consensus: Common Good Originalism” – Josh Hammer in Public Discourse
In an essay for Public Discourse, JWI Affiliated Scholar Josh Hammer implores conservatives to embrace a new approach to originalism that emphasizes the common good. He argues that originalism has become entirely unmoored from conservatism rightly understood, particularly in light of Justice Gorsuch’s decision in Bostock v. Clayton County. It must be replaced by a […] -
“Nobody Expects the Originalist Inquisition”: Gunnar Gundersen in The American Mind
In a second response to the ongoing debate over originalism and the common good in The American Mind, James Wilson Institute affiliated attorney Gunnar Gundersen addresses the flurry of criticism he received on Twitter after he declared that “originalism has failed.” Responding to the defenders of originalism he calls the “originalist inquisition,” Gundersen expands his […] -
“An Oath Upon Oaths”: Prof. Hadley Arkes in The American Mind
James Wilson Institute director Prof. Hadley Arkes responds to a side conversation taking place in the broader discussion over Adrian Vermeule’s “common good constitutionalism” – the debate over one’s oath to the Constitution. Multiple commentators have argued that abandoning originalism leads judges to violate their oaths to uphold the Constitution. Prof. Arkes finds instead that […] -
“Don’t Trade Judicial Supremacy for Executive Supremacy”: Garrett Snedeker in The American Mind
In an essay for a symposium in The American Mind responding to Harvard Law professor Adrian Vermeule’s call for a “Common Good Constitutionalism,” James Wilson Institute deputy director Garrett Snedeker sympathizes with Vermeule’s call for a “reading of the Constitution that references moral judgements” but cautions against replacing our constitutional deference toward judicial supremacy with […] -
“Common Good Originalism”: Josh Hammer in The American Mind
In a measured response to Harvard Law professor Adrian Vermeule’s critique of originalism, Josh Hammer, a friend of the James Wilson Institute and Of Counsel at the First Liberty Institute, proposes a middle way between originalism and common good constitutionalism. While he agrees with much of Vermeule’s philosophy and argument, he sees a complete abandonment […] -
“Originalism Has Failed”: Gunnar Gundersen in The American Mind
In an essay for a symposium at The American Mind, James Wilson Institute Affiliated Attorney and Fellowship Faculty member Gunnar Gundersen argues, in agreement with Harvard Law professor Adrian Vermeule, that originalism has failed and is merely a mask for liberalism. According to Gundersen, a jurisprudence that truly captured the furnishings of mind of the […] -
“Vermeule, His Critics, and the Crisis of Originalism”: Prof. Hadley Arkes in The American Mind
In an in-depth essay part of a symposium for The American Mind, James Wilson Institute founder and director Professor Hadley Arkes offers measured praise of Harvard Law Professor Adrian Vermeule for his criticism of Originalism in The Atlantic. Professor Arkes argues that Professor Vermeule, in his promotion of a “Common Good Constitutionalism,” draws on a […] -
PODCAST: Josh Hammer on Common Good Constitutionalism and Judicial Supremacy
Lawyer and legal commentator Josh Hammer joined JWI Deputy Director Garrett Snedeker and intern Joe Egler for a podcast recording to discuss the future of originalism in the conservative legal movement, Prof. Adrian Vermeule’s “common good constitutionalism,” and judicial supremacy. Josh Hammer is a nationally syndicated columnist and Of Counsel with First Liberty Institute. A […] -
“Does the Right Dare Fight?” — Prof. Hadley Arkes in The American Mind
In a piece for The American Mind titled “Does the Right Dare Fight?” JWI Founder and Director Hadley Arkes builds on his previous critique of the Ahmari-French debate. Prof. Arkes first focuses on the reluctance of conservative lawyers to employ moral arguments in defense of the positions they hold. Prof. Arkes continues by offering several […]