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The Tom Woods Show

Ep. 1343 From Blackstone to Marxism: The Strange Journey of American Legal Thought

The Tom Woods Show

Tom Woods

Politics, Economics, Libertarian, Government, News

4.83.3K Ratings

🗓️ 15 February 2019

⏱️ 36 minutes

🧾️ Download transcript

Summary

Stephen Presser and I go from William Blackstone, whose Commentaries on the Laws of England played such a central role in influencing early American ideas about the law, all the way to the Marxist-inspired Critical Legal Studies movement, the feminist legal critique, and back again to the originalism movement.

Sponsor: Policy Genius

Show notes for Ep. 1343

Transcript

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0:00.0

The Tom Woods Show, episode 1343.

0:03.5

Prepare to set fire to the index card of allowable opinion.

0:08.1

Your daily dose of liberty education starts here, the Tom Woods Show.

0:14.3

Folks, this episode is brought to you by PolicyGenius.

0:17.1

No matter how much or how little you know about life insurance,

0:20.0

you can find the right policy

0:21.6

in minutes at policygenius.com. Hi, everybody, it's Tom Woods, and today we are going through a number

0:30.1

of important themes in the development of American law over the centuries. Very lightly because

0:36.4

there's so much material here, but still enough

0:39.2

to wet your appetite so that perhaps you will want to go learn more. And my guest today is

0:44.7

Stephen Presser, who is Professor of Legal Studies Emeritus at Northwestern University's School of

0:50.8

Law. He's also taught at Rutgers, the University of Virginia, and University

0:54.4

College London. He holds an undergraduate degree from Harvard and is a graduate of Harvard Law School

0:59.9

and was twice a Fulbright Senior Scholar at University College London. He is Legal Affairs

1:05.1

editor of Chronicles Magazine and the author of the book we're going to be talking about today,

1:10.3

law professors, three centuries of shaping American law.

1:14.6

And I just want to make sure, I bet most people listening know what it means,

1:18.7

but we will use terms like originalism.

1:23.1

And I don't want people who are new to this stuff to be left in the dust.

1:27.1

So by originalism, we generally mean that the Constitution ought to be interpreted with reference to its original intent.

1:35.7

Now, within originalism, there's a diversity of opinion because there are other people like Randy Barnett following in the tradition of Lysander Spooner.

1:46.1

When Lysander Spooner was writing about the unconstitutionality of slavery, they would speak about original meaning that forget

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