Originalism And Textualism: A Complete Guide To Their Understanding & Application

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 unless you are someone who spends a great deal of time in law libraries and have an inclination to buckle down and figure these differences out.

This video is meant to help with that lack of knowledge. Whether you don't even know what a judicial philosophy is or 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.

There are two very common misconceptions that I specifically take aim at in this video:

First: Originalism and Textualism are just two different terms for one single concept

Second- Originalism and Textualism and Originalism are fundamentally contradictory judicial philosophies

These are both commonly espoused and neither of them is correct. You will learn WHY they are incorrect and so, so much more.

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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.

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