originalistとは 意味・読み方・使い方

名詞

originalist (plural originalists)

1. One who has, or tends to have, original ideas.
   • 1836, The Monthly Review, January to April inclusive, volume 1, page 182:

     It seems to us, however, according to the rate at which novels have lately been published, that unless some great reformer or originalist shall, establish a new school, or unless some new principle of concoction be employed, by which the appetite for fresh stimulants may be satisfied, novel readers must soon become insensible to the charms of fiction, […]

   • 1905 January, The Dickensian, volume 1, number 1, page 38:

     His language is natural and happily wedded to his vivifying conceptions; and last but not least, he is quite unaffected and far above attempts at imitation, that is, he is a true originalist.

   • 1919 January-June, in Current Opinion, volume 66, page 95:

     Opposed to the "originalist" is the type of man "in whom banality exists as a supposed virtue; from whom it would not only seem an impropriety to act, dress, and think differently from other people, but in whom it would be deemed a virtue not even to desire to do so."

2. One who aims to discover how the writers of a document intended it to be interpreted, and to interpret it in that way.
   • 2001, Jean-Marc Coicaud, Veijo Aulis Heiskanen, editors, The legitimacy of international organizations, page 388:

     This preference for dynamic or evolutionary interpretation over originalist interpretation is reflected in the structure of the Vienna Convention itself; subsequent agreements and understandings between the parties, as well as any relevant rules of international law (obviously including custom, which is necessarily evolutionary) are primary, obligatory sources of treaty interpretation according to Article 31, […]

   • 2010, Treaty interpretation and the Vienna Convention on the Law of Treaties: 30 years on, page 271:

     So even if drafters' concrete intentions or meta-intentions are closer to the notion of state consent, the originalist is wrong to assume that this notion underpins human rights treaties.

   1. (theology) Specifically, one who aims to discover how the writers of the Jewish and Christian scriptures intended them to be interpreted, and to interpret them in that way.
      • 2009, Holy Writ: interpretation in law and religion, page 56:

        Before explicating the possibility of a non-textualist strategy let me address Philipse's arguments in favour of textualism as appropriate method in theology. Some of these arguments appeal to the religious traditions, and thus suggest that a believer qua believer (rather than qua historian) has to be originalist.

   2. (US politics) Specifically, one who aims to discover how the writers of the Constitution of the United States intended it to be interpreted, and to interpret it in that way.
      • 2023 September 2, Simon Schama, “The real Rino”, in FT Weekend, Life & Arts, page 2:

        In any event, this professorial detonation, especially coming as it does from hardline Federalist Society constitutional originalists, has set the cat among the Republican pigeons.

      • 2024 June 19, Devan Cole and John Fritze, “The Supreme Court’s approach on ‘history and tradition’ is irking Amy Coney Barrett”, in CNN‎:

        “Barrett’s critique of originalism definitely signals what seems to be a growing rift among the originalists on the court about the proper way to use history,” said Tom Wolf, a constitutional law expert with the liberal-leaning Brennan Center for Justice at New York University’s law school.

      • 2025 June 22, Josh Blackman, “Grading The Controversial Florida Seminar Paper”, in Reason‎:

        Second, the author also presents a fairly detailed analysis of modern originalist scholarship. He accurately describes the views of McGinnis and Rappaport, Randy Barnett, and Adrien Vermeule.

      • 2025 October 16, Ross Douthat, quoting Amy Coney Barrett, “Amy Coney Barrett Is Looking Beyond the Trump Era”, in The New York Times‎, New York, N.Y.: The New York Times Company, →ISSN, →OCLC:

        People sometimes caricature law generally, originalists in particular. I think it’s a common misconception that answers are easy and that if you can just find the right theory, there’s the promise of certitude.

        (Can we archive this URL?)

派生語

関連する語

• originalism

参考

• literalist, textualist