MORE ON ORIGINALISM AND FOREIGN LAW
Here is a commentary on Antonin Scalia's presentation of his views to an audience at Vanderbilt University this Monday.
Originalism is not a new philosophy, "living constitution" is. Originalism allows flexibility for the people. "Living constitution" puts us at the mercy of the whims of a few judges, with no flexibility. Seems an easy choice to me!
The use of foreign law in making legal decisions effecting the United States is not only a philosophy Justice Scalia thinks should not be used because of selectivity, but I cannot understand this approach intellectually because of differences in societies. Where does it stop? Should we look at the laws of Iceland (I saw a show on golf in Iceland last night - interesting) to set rules for our country? Doesn't make any sense to me!
WORD FOR THE DAY: mundane
HINT: The law can sometimes be this!
Originalism is not a new philosophy, "living constitution" is. Originalism allows flexibility for the people. "Living constitution" puts us at the mercy of the whims of a few judges, with no flexibility. Seems an easy choice to me!
The use of foreign law in making legal decisions effecting the United States is not only a philosophy Justice Scalia thinks should not be used because of selectivity, but I cannot understand this approach intellectually because of differences in societies. Where does it stop? Should we look at the laws of Iceland (I saw a show on golf in Iceland last night - interesting) to set rules for our country? Doesn't make any sense to me!
WORD FOR THE DAY: mundane
HINT: The law can sometimes be this!
posted by Jim | 10:10 AM
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