Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

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.


Brennan, Patrick | Permalink

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