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- Title
A POSITIVIST, BASEBALL-CENTRIC CRITIQUE OF ORIGINALISM.
- Authors
Blake, William D.
- Abstract
The article critiques the notion of compelled originalism by comparing the language of the baseball rulebook to that of the U.S. and other constitutions. Topics include a description of how different rules of baseball align with originalism while others invite umpires to use a living Constitution approach, a discussion of H. L. A. Hart's philosophy of legal positivism to evaluate baseball and constitutional rules, and the contradictions of compelled originalism.
- Subjects
ORIGINALISM (Constitutional interpretation); UNITED States. Constitution; BASEBALL rules; LEGAL positivism; HART, H. L. A. (Herbert Lionel Adolphus), 1907-1992; PHILOSOPHERS
- Publication
Constitutional Commentary, 2022, Vol 37, Issue 2, p133
- ISSN
0742-7115
- Publication type
Article