The Modernist Case for Originalism – Zachary Chambers

Edward Foley’s “contemporary public meaning” provides a much more coherent opposition to originalism precisely by working within the same positivist logic. Originalism is a remarkable achievement, and it contains plenty of internal vitality and debate, including debate about how it relates to natural law.

This full embrace of positivism allowed the right’s legal thinking to become, in critical respects, more modernist than the left.