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