In this essay, authors Peter M. Jaworski and Kee En Chong examine the apparent incoherence between progressives’ criticisms of originalism and their adherence to Supreme Court precedents. The authors argue that progressives face a dilemma: either archetypal progressivism is impractical, or it is inconsistent. Applying a progressive theory of interpretation to the meaning of court precedents would lead to an “explosion of interpretation,” whereby each legal actor would be free to apply his or her own interpretation to a legal rule. Therefore, progressives must either embrace this potentially chaotic result or adhere to originalist methods of interpreting legal judgments, which they have roundly criticized as methods of interpreting the constitution. The authors conclude that, given the impracticality of universally applying progressivism to interpret judgments, progressives have no choice but to live with the internal inconsistency in their chosen method of constitutional interpretation.
Progressivism for Me, but Not for Thee
Progressivism for Me, but Not for Thee
Recent Publications
- Debating Libertarianism: What Makes Society Just?
- Questioning the Assumptions of Political Discourse A Philosophical Analysis of Fundamental Concepts (2025)
- Common Law Liberalism: A New Theory of the Libertarian Society (Oxford University Press, 2024)
- “Diversity and Group Performance,” Encyclopedia of Diversity, Springer, 2024
- “Evading and Aiding: The Moral Case Against Paying Taxes,” with Christopher Freiman and Jessica Flanigan, Extreme Philosophy, ed. Stephen Hetherington, Routledge (2024)
Recent News
- How Plasma Donations are Helping to Pay Some Americans’ Bills – and Treat Patients Around the World
- America: The human plasma factory
- Office Hours: Evaluating the True Impact of Seemingly Good Acts
- Business as a Force for Good: MBA Students Support Hurricane Helene Victims Through Ethics Project
- New Editorial Team at Philosophy and Public Affairs
