Originalism and Textualism are judicial philosophies few people have a good understanding of. In fact some of the more absurd misconceptions I have heard espoused about these methods of interpretation came from people who profess to be originalists or textualists. The fact is there is very little good information out there on which to base your opinion and understanding of these concepts.
This video is meant to help with that. Whether you don’t even know what a judicial philosophy is, or perhaps you are a law student getting mixed messages from different sources about what these philosophies entail, this video will be of use to you. We look at the two main forms of Originalism to understand where they do and do not agree, we then look at textualism and Originalism to find out what these mean individually, as well as on what they agree upon and where they differ.
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Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events in law, politics & culture.
►00:00 Introduction
►03:29 Introduction – Originalism and Textualism
►05:45 Legal Formalism
►08:30 Definitions
►08:40 Definition – Original Intent
►09:30 Definition – Original Meaning
►10:00 Definition – Textualism
►11:56 The Constitution As A Legal Document
►14:09 Constitutional Interpretation
►14:55 Constitutional Interpretation – Original Intent
►19:45 The problems With Original Intent
►24:23 Constitutional Interpretation – Original Meaning
►27:57 Statutory Interpretation – Original Public Meaning
►33:22 Statutory Interpretation – Textualism
►34:10 Textualism & Plain Meaning Rule
►34:45 Speaker’s meaning and sentence meaning
►35:40 Textualism and the general public
►36:40 Noted textualists – Frank Easterbrook
►38:10 Noted textualists – Antonin Scalia
►39:48 Early Forms Of Statutory Interpretation
►41:35 The Evolution Of Textualism
►49:25 Closing
