[Wittrs] Re: What is "Originalism"
- From: "SWM" <SWMirsky@xxxxxxx>
- To: wittrsamr@xxxxxxxxxxxxx
- Date: Mon, 03 May 2010 21:53:03 -0000
Sean, George Lakoff has argued that there are two concepts of "freedom"
currently at odds in America:
"We see the two ideas of freedom -- the authoritarian and the egalitarian --
struggling with one another in the Constitution and the Federalist Papers. In
his new book, "Whose Freedom? The Battle over America's Most Important Idea"
(Farrar, Straus & Giroux) George Lakoff holds these competing traditions up to
the light."
http://www.alternet.org/story/38813/
Assuming a judge were called upon to make a Constitutionally sensitive decision
about a claim of freedom, how would he or she (or how should he or she) address
the question in the context of "originalism"?
Is Lakoff's claim consistent with Wittgenstein's ideas of meaning as use and
family resemblances, do you think, or would you say he is pressing to fix the
meaning in a particular way, a way he believes is most consistent with how the
word "freedom" has historically been used in the U.S.? Is Lakoff's a fight over
what constitutes "originalism" or over whose notions of words like "freedom"
should prevail?
SWM
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