Grant Huscroft and Bradley W. Miller (University of Western Ontario – Faculty of Law and University of Western Ontario – Faculty of Law) have posted The Challenge of Originalism: Theories of Constitutional Interpretation (from THE CHALLENGE OF ORIGINALISM: THEORIES OF CONSTITUTIONAL INTERPRETATION, Grant Huscroft and Bradley W. Miller, eds., Cambridge University Press, 2011) on SSRN. Here is the abstract:
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Originalism is a force to be reckoned with in American constitutional theory. From its origins as a monolithic theory of constitutional interpretation, originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists have harnessed the resources of linguistic, moral, and political philosophy in responding to critics. Recent work is characterized by methodological concerns about how to identify the meaning of constitutional texts as well as the development of normative arguments for fidelity to them.
The essays in this volume are contributed by leading constitutional scholars and theorists not only from the United States but also Australia, Canada, and the UK. The essays define, defend, and critique various schools of originalist thought, assessing the problems and the prospects for originalist theory in constitutional law. Although originalism is generally understood as an American phenomenon, the papers in this volume are theoretical works that have something to say about constitutional law not only in the United States but also internationally.
Recommended. My essay from this volume is "What is Originalism?", available for download from SSRN.
Update: And here is the table of contents (recently added to the abstract):
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Introduction: Grant Huscroft and Bradley W. Miller
Part I Exposition and Defense
Lawrence B. Solum, “What is Originalism? The Evolution of Contemporary Originalist Theory”
Jeffrey Goldsworthy, “The Case for Originalism”
Keith E. Whittington, “On Pluralism within Originalism”
Part II Interpretation and Intention
Larry Alexander, “Simple-Minded Originalism”
Stanley Fish, “The Intentionalist Thesis Once More”
Bradley W. Miller, “Origin Myth: The Persons Case, The Living Tree, and the New Originalism”
Part III Originalism and Constitutional Settlement
Grégoire C. N. Webber, “Originalism’s Constitution”
James Allan, “The Curious Concept of the ‘Living Tree (Or Non-Locked-In) Constitution”
Grant Huscroft, “Vagueness, Finiteness, and the Limits of Interpretation and Construction”
Part IV Challenges and Critiques
Steven D. Smith, “That Old-Time Originalism”
Mitchell N. Berman, “Reflective Equilibrium and Constitutional Method”
Brian H. Bix, “Constitutions, Originalism, and Meaning”
