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Volume 2  Number 2  •  Fall 1997
Other Issues:  

Bostan, Bork, and the Jurisprudence of Limited Government
By Andrew R. Rutten
This article appeared in the Fall 1997 issue of The Independent Review

Contrary to Bostan, Robert Bork’s originalism is but one strand—a deeply flawed one—in the conservative legal tradition. Judge Posner’s jurisprudence avoids Bork’s historical misunderstandings, and is consistent with the views of Madison and of contemporary non-“originalist” limited-government legal theorists.