Traditionalism Rising, Part II: Comparing (Liquidated) Originalism and Traditionalism

Authors

Marc O. DeGirolami, St. John's University School of LawFollow

Document Type

Blog Post

Publication Title

Reason - The Volokh Conspiracy

Publication Date

9-7-2022

Abstract

(Excerpt)

How is traditionalism similar to and different from originalism? And how does it relate to what some originalists call "liquidation"?

These questions are complicated by the capaciousness of originalism, which now encompasses many theories with diverse commitments. To narrow things down, we might compare originalism and traditionalism on the specific issue of the role (if any) of enduring practices.

Comments

Originally published at: https://reason.com/volokh/2022/09/07/traditionalism-rising-part-ii-comparing-liquidated-originalism-and-traditionalism/