3min chapter

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Unfair laws / Why judges should be originalists (William Baude)

Rationally Speaking Podcast

CHAPTER

The Principles of Justification Are More Important Than the Principles of Originalism

"If people keep claiming to do originalism but not actually doing it, well, right?" "Our practice has both aspects. It has the individual things we do that might be not e analist," he says. 'And our practice of trying to justify things by looking ra constitution and e latter, what you think is at least as important' But until those things come into conflict, we don't really know which one, which one wes picked? O and i do think probably, yes, that the the principles of justification are more important, because laws about like justifications for things. Oh, i see. So it wouldn't count as slow creep away. It wouldn't count

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