Frequently Searched

Objective Meaning in the Law

February 5, 2018

by Timothy Sandefur
February 5, 2018

Legal scholars have argued for generations over the right ways to interpret the Constitution: is it a “living document,” that changes with time, or should it be interpreted as the original authors meant? In her recent book, Judicial Review in an Objective Legal System, philosopher Tara Smith argues for a third way: an objective interpretation that avoids the vagueness associated with the “living constitution” view and the subjectivity that still plagues Originalism. Instead, she argues that written laws have objective meanings—as well as moral rules—that should be faithfully applied.

Last year, I was invited to participate in a conference to review Smith’s book. While I strongly agree with most of it, there are also aspects of her view I found incomplete or possibly contradictory. The latest issue of Reason Papers, published this week, includes my essay on the book, “Hercules and Narragansett among the Originalists,” and you can read it here. Professor Smith responds to my essay here.

Timothy Sandefur is the vice president for litigation at the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation.

 

 

More on this issue

Donate Now

Help all Americans live freer, happier lives. Join the Goldwater Institute as we defend and strengthen freedom in all 50 states.

Donate Now

Since 1988, the Goldwater Institute has been in the liberty business — defending and promoting freedom, and achieving more than 400 victories in all 50 states. Donate today to help support our mission.

We Protect Your Rights

Our attorneys defend individual rights and protect those who cannot protect themselves.

Need Help? Submit a case.

Get Connected to Goldwater

Sign up for the latest news, event updates, and more.

Wait! Don’t close this yet!

We are grateful for your support of the Goldwater Institute’s efforts to advance and defend liberty throughout the United States. For over 36 years, we’ve been defending the rights of Americans to live their lives free from government interference.

And Goldwater is unique in that we direct our efforts to the 50 states where we introduce and advance innovative ideas that expand freedom. And we fight in courtrooms and capitals nationwide to defend individual liberty.

In 2024 alone, we scored over 50 policy and litigation victories defending liberty!

And that’s just the beginning.

Our plans for 2025 include:

  • Stopping pernicious DEI and other woke programs in America’s universities.
  • Ensuring that patients suffering from rare and terminal diseases have access to cutting-edge, lifesaving medical treatments, without having to first seek permission from the government.
  • Defending parental rights across the United States so that parents can send their kids to the school that best fits their needs, free from leftist indoctrination.
  • Eliminating government interference in the fundamental right of individuals to own property and use it as they see fit.
  • And much, much more

We seek to restore the presumption of liberty; that people are free to act without first asking permission from the government.

But we cannot do this without you. Will you join us as we fight to preserve and advance liberty throughout the country? As we seek new and innovative ways to defend freedom in all 50 states?

And there’s great news: Thanks to a generous Goldwater supporter, your donation today will be doubled!

So please, join us in fighting to advance liberty and score real wins for freedom from coast to coast!