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Unwritten Law: Bridging Originalism and the General Law
April 3, 2025Join us April 3rd for the Federalist Society at UVA Law’s 6th Annual Originalism Symposium on Thursday, April 3rd in Caplin Pavilion. This year’s Symposium will tackle a hot topic in Originalist scholarship: General Law. The event is titled “Unwritten Law: Bridging Originalism and the General Law.”
Speakers will include many prominent scholars in the field of originalism and the general law, including Professors Will Baude of the University of Chicago Law School, Randy Barnett of Georgetown University Law Center, Jud Campbell of Stanford Law School, Steve Sachs of Harvard Law School, Dan Epps of Washington University School of Law, and John Harrison, Julia Mahoney and Lawrence Solum of UVA Law.
The Symposium will take place from 8:00AM to 2:30PM. Breakfast and lunch will be served. We’ll also have a book raffle! The day’s schedule is as follows:
6th Annual UVA Originalism Symposium
6th Annual UVA Originalism Symposium
Does constitutional interpretation require more than just text? What happens when the text runs out? This lecture will provide a framework for understanding the role of general law—unwritten legal principles that shaped the Founding-era legal system—and its relationship to originalist theory. While originalism centers on fixed constitutional meaning, the Constitution itself may have presupposed a broader legal landscape that extended beyond state or federal enactments. This lecture will examine how general law informed early constitutional interpretation and its potential relevance for modern legal debates. Serving as a primer for the day’s discussions, this talk will equip students with key concepts and historical context to engage with the symposium’s broader themes.
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6th Annual UVA Originalism Symposium
Building on the symposium’s opening discussion, this panel will examine how courts have engaged with general law over time, from the Founding era to the present. How did general law principles shape the original meaning of the Constitution? How did their decline alter constitutional interpretation? And can modern originalists reconstruct these principles despite gaps in the evidentiary record? Panelists will explore the general law’s role in early constitutional adjudication, its displacement after Erie, and the implications of its decline for contemporary originalist theory.
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6th Annual UVA Originalism Symposium
6th Annual UVA Originalism Symposium
How should textualists search for the original meaning of laws when the text alone does not provide a complete answer? Some scholars argue that originalism must look beyond written provisions to the unwritten principles that informed the Constitution’s drafting. In his 2023 Scalia Lecture at Harvard Law School, Professor Will Baude proposed that originalism should incorporate general law—the body of unwritten legal principles that supplied many of the rights codified in the Constitution. Proponents see this approach as essential to recovering the Constitution’s original meaning, while skeptics warn of its methodological and doctrinal challenges. This debate will examine whether originalism should embrace general law, what that would mean in practice, and how it might reshape constitutional interpretation.
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6th Annual UVA Originalism Symposium
What role does general law play in shaping constitutional interpretation, and how does it apply to doctrines such as the Fourth, Second, and Fourteenth Amendments, as well as natural rights and broader legal theory? This panel will explore the intersection of historical legal principles and modern constitutional law, focusing on how courts engage with general law concepts when addressing contemporary legal issues. Panelists will draw on their expertise in criminal procedure, gun rights, and constitutional structure to examine how general law informs modern constitutional doctrines and the ongoing relevance of these principles in today’s legal landscape.
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