Bostan, Bork, and the Jurisprudence of Limited Government
By Andrew R. Rutten
Contrary to Bostan, Robert Borks originalism is but one stranda deeply flawed onein the conservative legal tradition. Judge Posners jurisprudence avoids Borks historical misunderstandings, and is consistent with the views of Madison and of contemporary non-originalist limited-government legal theorists.
|Other Independent Review articles by Andrew R. Rutten|
|Fall 2006||Politics in Time|
|Fall 2003||The New Economy (Pre)Dux; or, What History Teaches Us about the Wired World|
|Summer 2001||Rethinking the New Deal Court:The Structure of a Constitutional Revolution|
|[View All (7)]|