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Reason
Reason
Marc DeGirolami

Traditionalism Rising, Part II: Comparing (Liquidated) Originalism and Traditionalism

How is traditionalism similar to and different from originalism? And how does it relate to what some originalists call "liquidation"?

These questions are complicated by the capaciousness of originalism, which now encompasses many theories with diverse commitments. To narrow things down, we might compare originalism and traditionalism on the specific issue of the role (if any) of enduring practices.

Among originalists, there are disagreements about what evidence counts to ascertain the meaning of unclear text. Originalists who reject practices altogether are far from traditionalism. Those who accept practices as some evidence of original meaning are closer, though no originalist theory (so far as I know) takes enduring practices to be the primary determinants of meaning and law. None is the same as traditionalism.

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