Mirror of Justice

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Friday, September 28, 2012

original intent -- and why law is not a "message in a bottle"

Marc DeGirolami rightly wonders who *still* defends orginal intent originalism.  I do, including in this recent paper.  As I see it, all of the alteratives amount to giving the lawmaker less than his due. Messages in bottles are, at best, information; they are not laws.  Law is in the mind of the lawmaker (and promulgated), not black marks on a scrap in a bottle.

http://mirrorofjustice.blogs.com/mirrorofjustice/2012/09/original-intent-and-why-law-is-not-a-message-in-a-bottle.html

Brennan, Patrick | Permalink

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