Originalism as Originally Understood: The Uncertain Legacy of Justice Scalia
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Much has been said about the legacy of US Supreme Court justice Antonin “Nino” Scalia since he died in February 2016. Renowned legal theorist Richard Epstein—a longtime colleague and friend of Scalia’s—, however, brings something new to the discussion. Epstein frames Scalia’s jurisprudence in the context of western legal thought going back to the Roman Empire. He explains the influence of Roman legal concepts on the US founding, and their relevance to the modern struggle of constitutional interpretation in which Scalia was an influential participant.
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