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    Why Originalism Needs Critical Theory: Democracy, Language, and Social Power
    Harvard Journal of Law and Gender 38 (2): 437-459. 2015.
    I argue here that the existence of hermeneutical injustice as a pervasive feature of our collective linguistic and conceptual resources undermines the originalist task at two levels: one procedural, one substantive. First, large portions of society were (and continue to be) systematically excluded from the process of meaning creation when the Constitution and its Amendments were adopted, so originalism relies on enforcement of a meaning that was generated through an undemocratic process. Second,…Read more