preview

Case Study Of Brown V Board Of Education Case

Satisfactory Essays
Open Document

One theory of originalism that can explain the decision of the Brown v. Board of Education case is abstract internationalism. Abstract internationalism is a version of originalism that says that in order to understand the meaning of the document, you have to understand their intentions as being abstract. Dworkin states that abstract concepts exist to be just that, abstract, and therefore they aren’t measureable and there is no way to assign a specific meaning. The motivation behind abstract concepts is that there is no way to predict how relevant a concept may become as time progresses, therefore leaving matters to be interpreted on a case by case basis is appropriate. In terms of the word equal in association with the Brown v. Board case,

Get Access