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单词 originalism
释义

Definition of originalism in English:

originalism

noun əˈrɪdʒɪnəlɪzəməˈrijinlizm
mass noun
  • 1The principle or belief that the original intent of an author should be adhered to in later interpretations of a work.

    1. 1.1US Law The judicial interpretation of the constitution which aims to follow closely the original intentions of those who drafted it.
      Example sentencesExamples
      • This is fitting, as originalism has more in common with biblical exegesis than any responsible form of judicial decision-making.
      • Acceptance of originalism, it is charged, would necessitate the reversal of crucially important landmark decisions and thereby provides a reduction ad absurdum of originalism.
      • Whether Gore, cynically, committed himself to originalism to make some political hay is quite besides the point.
      • Only a commitment to originalism provides a solid foundation for constitutional adjudication.
      • Still, originalism is the only jurisprudence fully compatible with our form of government.
      • In order to show that the Justice was exaggerating the history of originalism, the original story contained some questionable claims.
      • I know the subject of constitutional interpretation in general - and originalism in particular - is very complicated.
      • But when the logical outcome of originalism is contrary to his goals, originalism goes right out the window.
      • What originalism does do is establish objective parameters for analyzing most constitutional questions that arise.
      • This, however, was not the first time that originalism had surfaced on the American political scene.
      • Of course, none of this means that Stevens was right or wrong, or that originalism is a good or bad tool for understanding the constitution.
      • On his blog today, he includes a reposting of a message he sent to a constitutional law listserv concerning Supreme Court Justice Antonin Scalia and his concept of originalism.
      • Nor can they claim that Lochner violates the original meaning of the Fourteenth Amendment, since these legal analysts by and large reject originalism altogether.
      • Liberals wouldn't even claim to support supply side economics, originalism, or small government.
      • Yet originalism frequently fails at its own game of suppressing subjectivity and individual judicial discretion.
      • In the judicial realm, originalism is an intellectual backstop for conservative social policies.
      • Indeed, even people inclined to agree with him find his diatribe against originalism wanting.
      • Thus, I conclude, adherents of textualism and originalism should recognize the time limit in the Recess Appointments Clause as a matter of constitutional law.
      • But when it comes to the race cases before the Supreme Court, too many conservatives abandon both originalism and judicial restraint.
      • It is about whether originalism is the only touchstone of legitimate constitutional interpretation.
 
 

Definition of originalism in US English:

originalism

nounəˈrijinlizm
  • 1The principle or belief that the original intent of an author should be adhered to in later interpretations of a work.

    1. 1.1US Law The judicial interpretation of the constitution which aims to follow closely the original intentions of those who drafted it.
      Example sentencesExamples
      • In the judicial realm, originalism is an intellectual backstop for conservative social policies.
      • Of course, none of this means that Stevens was right or wrong, or that originalism is a good or bad tool for understanding the constitution.
      • On his blog today, he includes a reposting of a message he sent to a constitutional law listserv concerning Supreme Court Justice Antonin Scalia and his concept of originalism.
      • Indeed, even people inclined to agree with him find his diatribe against originalism wanting.
      • But when it comes to the race cases before the Supreme Court, too many conservatives abandon both originalism and judicial restraint.
      • Thus, I conclude, adherents of textualism and originalism should recognize the time limit in the Recess Appointments Clause as a matter of constitutional law.
      • This, however, was not the first time that originalism had surfaced on the American political scene.
      • In order to show that the Justice was exaggerating the history of originalism, the original story contained some questionable claims.
      • What originalism does do is establish objective parameters for analyzing most constitutional questions that arise.
      • Still, originalism is the only jurisprudence fully compatible with our form of government.
      • But when the logical outcome of originalism is contrary to his goals, originalism goes right out the window.
      • Acceptance of originalism, it is charged, would necessitate the reversal of crucially important landmark decisions and thereby provides a reduction ad absurdum of originalism.
      • Nor can they claim that Lochner violates the original meaning of the Fourteenth Amendment, since these legal analysts by and large reject originalism altogether.
      • I know the subject of constitutional interpretation in general - and originalism in particular - is very complicated.
      • Liberals wouldn't even claim to support supply side economics, originalism, or small government.
      • This is fitting, as originalism has more in common with biblical exegesis than any responsible form of judicial decision-making.
      • It is about whether originalism is the only touchstone of legitimate constitutional interpretation.
      • Whether Gore, cynically, committed himself to originalism to make some political hay is quite besides the point.
      • Yet originalism frequently fails at its own game of suppressing subjectivity and individual judicial discretion.
      • Only a commitment to originalism provides a solid foundation for constitutional adjudication.
 
 
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更新时间:2024/9/21 16:39:50