Wednesday, August 24, 2011
Strang's Virtue Ethics and Originalism
Readers at MOJ who are interested in constitutional theory will find Lee Strang's new article, Originalism and the Aristotelian Tradition: Virtue's Home in Originalism, well worth reading and thinking about. As Prof. Strang says in the introduction, current influential originalist approaches tend to favor deontological (e.g., Randy Barnett) or consequentialist (e.g., John McGinnis & Michael Rappaport) underlying moral justifications. Strang's is the first direct effort (so far as I know) to connect virtue ethics and originalism (Larry Solum has been ploughing both of these fields independently but not, I don't believe, together).
https://mirrorofjustice.blogs.com/mirrorofjustice/2011/08/strangs-virtue-ethics-and-originalism.html