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Problem is, both sides of the ideological spectrum have spent 100+ years studiously ignoring the actual basis for rights in the US--- Natural Rights theory--- i
by dunmalg 3y ago
Problem is, both sides of the ideological spectrum have spent 100+ years studiously ignoring the actual basis for rights in the US--- Natural Rights theory--- in favor of more "malleable" approaches that can be twisted to their desired ends. Both the crazy strict textualists, who think that the constitution as-written is the end-all be-all of human rights, and at the opposite end of the spectrum, the crazy extreme "living document" theorists with their "anything goes" approach; neither of them want to acknowledge that there's an underlying philosophical framework that potentially flips the table on their shenanigans.
- hellojesus 3y agoWhat is the philosophical framework, and how does it prevent reinterpretation of law such that its "spirit" remains constant?