Thursday, February 6, 2014

Thoughts on Cass Sunstein’s criticisms of libertarianism and originalism

Harvard Law Professor (and recent OIRA head) Cass Sunstein has had some columns lately on Bloomberg View that seem to be squarely in my wheelhouse as an originalist and a libertarian. The most recent one is “Resist the Siren’s Call of Originalism.” Before that was “How to Spot a Paranoid Libertarian.

The columns have a striking similarity, in that they both attack extremist or caricatured versions of originalism and libertarianism, and appear to concede that the moderate version has some virtues.


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