(US) Politics over breakfast
Feb. 18th, 2016 11:10 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
kaberettA brought up originalism this morning (very briefly: it's a legal approach to interpretation of the US constitution that views the Constitution's meaning as fixed as of the time of enactment, rising to prominence in the 1980s) as contrasted with the Living Constitution/constructionism.
It seems obvious to me that this is a theological argument at least as much as it's a secular one, in that originalist interpretations are associated with conservatives (notably Scalia) in a way analogous to Biblical literalism (a school of thought arising, ish, in the 18th century) in contrast with exegesis that treats religious texts as living documents that require reinterpretation in light of their present contexts. (I am contrasting "theological" and "secular" there deliberately, rather than "theological" and "legal": for the purposes of this post I'm taking the perspective that the Bible is a text that sets out a system of laws and precedents.)
I'm neither a theological scholar nor a legal scholar (and nor for that matter am I especially familiar with the US politicolegal system beyond the obvious osmosis) so I'm obviously handwaving quite a lot here, but I would be interested in Your Collective Thoughts on the matter, if you have them and feel like talking!
It seems obvious to me that this is a theological argument at least as much as it's a secular one, in that originalist interpretations are associated with conservatives (notably Scalia) in a way analogous to Biblical literalism (a school of thought arising, ish, in the 18th century) in contrast with exegesis that treats religious texts as living documents that require reinterpretation in light of their present contexts. (I am contrasting "theological" and "secular" there deliberately, rather than "theological" and "legal": for the purposes of this post I'm taking the perspective that the Bible is a text that sets out a system of laws and precedents.)
I'm neither a theological scholar nor a legal scholar (and nor for that matter am I especially familiar with the US politicolegal system beyond the obvious osmosis) so I'm obviously handwaving quite a lot here, but I would be interested in Your Collective Thoughts on the matter, if you have them and feel like talking!
(no subject)
Date: 2016-02-18 01:02 pm (UTC)