The non-static interpretation of the Eighth Amendment was first introduced by the U.S. Supreme Court in Weems v. United States.
The non-static interpretation of the Eighth Amendment was first introduced by the U.S. Supreme Court in Weems v. United States. It was further named "evolving standards of decency," in Trop v. Dulles. Although evolving standards of decency began as dicta, the principle is now enshrined constitutional doctrine. This article traces the history and application of evidence in identifying evolving standards of decency, from its philosophical origins through its influence on recent U.S. Supreme Court decisions. The article concludes by tracing the Court's post hoc rationalization, which makes use of the doctrine controversial. Abstract published by arrangement with Sage.