At long last, we discuss originalism with one of its foremost proponents, Lawrence Solum. In this conversation, we focus on Larry's recent effort to identify what constitutes originalism as a category of interpretive theories and what distinguishes it from other theories, including living constitutionalism.
This episode's links:
Larry Solum's faculty profile (https://www.law.georgetown.edu/faculty/lawrence-b-solum/) and writing (https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=327316)
Legal Theory Blog (https://lsolum.typepad.com) (see also Larry's very helpful Legal Theory Lexicon (https://lsolum.typepad.com/legal_theory_lexicon/))
Lawrence Solum, Originalism versus Living Constitutionalism: The Conceptual Structure of the Great Debate (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3324264) (As mentioned in this episode, this article is a great starting point for understanding the various theories and methods of originalism and non-originalism. It contains excellent references to the key literature, which we'd ordinarily include here in the show notes. But since it's so comprehensive, we'll just include this link.)
David Plunkett, Which Concepts Should We Use?: Metalinguistic Negotiations and The Methodology of Philosophy (https://www.dartmouth.edu/~plunkett/metalinguistic-negotiations.pdf)
Special Guest: Lawrence Solum.