Activism Masquerading as Restraint
This chapter analyzes Judge Robert Bork's theory of originalism. It argues that originalism, despite its importance in constitutional adjudication, suffers from that all-too-common infirmity of cosmic constitutional theory: a lack of judicial restraint. In the case of originalism, this failing assumes almost a tragic dimension, because more than any other theory, it tried so earnestly and so hard to be an exemplar of the modest virtues.
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.