How should courts interpret the law? Strictly according to the text? By lawmakers’ original intent? By the needs of today’s society? Philosophical ideals? In this talk and Q&A, Tara Smith, professor of philosophy and BB&T Chair for the Study of Objectivism at the University of Texas – Austin, argues that the best laws in the world are useless if misunderstood – yet today, the debate over proper interpretation is a minefield of loaded concepts and false alternatives.
Smith’s new book, Judicial Review in an Objective Legal System, explains the pillars of proper review by grounding it in the function of an objective legal system. As the Rule of Law teeters, as presidential candidates stake radical claims about judges and the Constitution, and as issues ranging from abortion rights to medical care to war powers come before the courts, the question couldn’t be more timely.