What Does The Realist Turn Mean for Originalism and American Public Life?

By: Bruce Ledewitz*

Published: November 26, 2023

Abstract 

At a time of loss of confidence and spiritual crisis in America and the West, a turn to metaphysical realism is a potential remedy. Douglas B Rasmussen and Douglas J. Den Uyl’s book, The Realist Turn, provides that remedy for law and public life in a secular setting that could have wide appeal. That turn to realism revives the natural law tradition, which both challenges originalism—because it demonstrates the need for reason and knowledge, rather than history, to reveal the meaning of rights—and provides a justification for ontological trust that can renew America’s declining public life.

* Professor of Law and Adrian Van Kaam C.S.Sp. Endowed Chair in Scholarly Excellence, Thomas R. Kline School of Law of Duquesne University.

Suggested Citation: Bruce Ledewitz, What Does The Realist Turn Mean for Originalism and American Public Life?, 128 Penn St. L. Rev. Penn Statim 133 (2023).

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