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A Debt Against the Living: An Introduction to Originalism, by Ilan Wurman
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Review
'Ilan Wurman's fine book explores a classic question about constitutions, especially written constitutions, and most especially ours: Why should people in later generations feel bound by rules put in place by people in earlier generations? Wurman has provided a careful, detailed, and properly nuanced argument for James Madison's suggestion that the constitutional order gives rise to a kind of 'debt' that the living have to the dead - an argument that illuminates many current questions in constitutional law.' Robert P. George, McCormick Professor of Jurisprudence and Director of the James Madison Program in American Ideals and Institutions, Princeton University, New Jersey'This is a wonderful book, and a major contribution to the academic and popular discourses on originalism.' Randy E. Barnett, Carmack Waterhouse Professor of Legal Theory and Director, Center for the Constitution, Georgetown University Law Center, Washington, DC and author of Our Republican Constitution: Securing the Liberty and Sovereignty of We the People'Ilan Wurman's book is more than an excellent introduction to constitutional originalism. It is also an argument for the importance of an enduring constitution - a work of popular sovereignty that protects rights, enables democracy, and bestows its benefits on future generations.' Jack Balkin, Knight Professor of Constitutional Law and the First Amendment, Yale Law School, and author of Living Originalism'The confirmation hearing of Justice Neil Gorsuch brought the debate over an originalist approach to constitutional interpretation before the public like never before. Ilan Wurman's timely book provides the lay reader with a clear and lucid explanation of what originalism means, and a thoughtful and inspiring defense of why the Constitution remains worthy of our allegiance today.' Ralph A. Rossum, Salvatori Professor of American Constitutionalism, Claremont McKenna College, California, and author of Antonin Scalia's Jurisprudence and Understanding Clarence Thomas'Originalism is one of the most important theories of constitutional interpretation, and yet it is often misunderstood. Ilan Wurman's explanation and defense of originalism is therefore important and timely. It is also sophisticated, accessible, and fun to read. This book should be given to every law student.' William Baude, Neubauer Family Assistant Professor of Law, University of Chicago Law School'If a written constitution is to constitute - if it is to give a durable, predictable form to government institutions and procedures - it must be consistently construed with fidelity to its words. Ilan Wurman's argument, as trenchant as it is timely, demonstrates that such originalism is, although demanding, indispensable.' George F. Will, Newspaper columnist and political commentator'Constitutional theory matters. We disagree about what our constitutional rights and powers are in large measure because we disagree about general and abstract questions of constitutional interpretation. In clear and accessible prose, Ilan Wurman defends an originalist approach to constitutional interpretation on the arresting ground that only by enforcing the written Constitution as it was originally understood by those who wrote and ratified it can living Americans discharge a debt that we owe to the Founding. Wurman's book is a lucid introduction to theoretical debates of great practical importance.' Mitchell Berman, Leon Meltzer Professor of Law, and Professor of Philosophy, University of Pennsylvania
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Book Description
This book is an introduction to and defense of originalism and the Founding intended for a more general audience. No similar book exists. It is aimed at law students, advanced college students, policymakers, and the politically interested reader seeking a general introduction to originalism and its implications for today.
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Product details
Paperback: 168 pages
Publisher: Cambridge University Press (July 31, 2017)
Language: English
ISBN-10: 1108412165
ISBN-13: 978-1108412162
Product Dimensions:
6 x 0.4 x 9 inches
Shipping Weight: 9.1 ounces (View shipping rates and policies)
Average Customer Review:
5.0 out of 5 stars
10 customer reviews
Amazon Best Sellers Rank:
#64,226 in Books (See Top 100 in Books)
A superb short treatment of the judicial philosophy of originalism. Highly recommend.
This book brings complicated concepts to a wide audience. For lawyers, law students, and non lawyers alike. Do yourself a favor by reading this book. It will help you understand the topic better and improve your ability to articulate an important topic.
Great concise read on Originalism. It combines history, philosophy, and law Into a great book! Highly recommended for anyone who wants a survey of Originalism and Constitutional Interpretation.
Simply fascinating, well maybe not simple. The author is anachronusm. Keep wtiting Mr Wurman.
Wurman shows that we may never be debt free from the Framers – and that’s a good thing. Subsequent generations have reaped the benefits of the Framers’ constitutional design. This book goes beyond tired clichés of originalism as the plain meaning of the text and shows that originalism is a nuanced approach that begins with trying to understand the thought of the Founders, who left many questions to be resolved by democratic politics. The book’s only shortcoming is that it is a page-turner and leaves the reader wanting more than its tightly-argued 135 pages. I hope we can read more from Mr. Wurman in the future.
I received this book as a Christmas present and was extremely pleased with it. Mr. Wurman provides an excellent introduction to Originalism which includes, amongst other things, the history of the modern theory, the various schools of thought within Originalism, and a nice overview of the founders’ constitutional philosophy. I would highly recommend this book to anyone who is interested in Originalism itself or those who just want to learn more about what makes the Constitution great!
A very readable and compelling statement for why the Constitution and our laws need to be understood by the common understanding if what the words used meant when passed into law.Much of the judicial and political turmoil the US has faced in recent decades arises from judges becoming legislators in robes, the bypassing of the legislative process of elected representatives in law making and changing it to a small and unelected group of judges who decide they’ll just replace the vote if the people because we are not as wise as they are.
This was a great short introduction to Originalism. Ilan knowledgeably addresses many of the components of the methodology in an approachable manner.
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