It’s worse than that. Any historian will tell you that the work of historians is basically gathering clues and hints to piece together a coherent story that fits all the data. Which is fine, except when you’re using that story to interpret legal doctrine. The very foundation of originalist philosophy, that we should interpret law according to history, is flawed because history can never be perfectly known or understood. We might have extremely good data and knowledge, we might have a NEARLY perfectly accurate story of what happened. But “nearly” isn’t enough, and it’s that very flaw that fascists use to exploit originalist philosophy to push their own agenda.
- 0 Posts
- 3 Comments
Joined 3 years ago
Cake day: July 2nd, 2023
You are not logged in. If you use a Fediverse account that is able to follow users, you can follow this user.
Exactly. Fascists very rarely operate in good faith.
“What? Really?? With Netflix and Amazon pulling shows left and right???”
Ohhhhh, that’s … Uh, hm. Somehow less interesting and more interesting at the same time.