2min chapter

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

Rationally Speaking Podcast

CHAPTER

Is There a Difference Between Originalism and the Alternatives?

i'm just so confused about how to even adjudicate this disagreement, how to even decide which side i, you know, is correct? Yellook, i think most people participating these debates are confused too. So i think there's a levelof a sort of rule consequentialist debate,. There's also what i think is best called a jurisprudential debate. And often people slide between them without even being clear which onces they're doing. I think at least all three of those are going on.

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