Sunday, February 12, 2017

Originalism and Benthamism.

The regularly affirmed Capitalism of Originalists strongly suggests that they ascribe to the Founding Fathers a Benthamist formulation of the phrase "general welfare" that appears in the Preamble to the Constitution.  Thus, as Judicial philosophy, Originalist decision-making is also Benthamist.  Now, Benthamism has been subject to a variety of objections, including that it approves the inflicting of misery on some if to do so increases the pleasure of most.  Now, regardless of whether or not Originalists can defend Benthamism against such an argument, the mere possibility that they cannot shows that their commitment to Originalism would outweigh a demonstration of the immorality of an intention of the Founding Fathers.

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