Common Good Constitutionalism : Recovering the Classical Legal Tradition / Adrian Vermeule
พิมพ์ครั้งที่
1st ed.
พิมพลักษณ์
Cambridge, UK : Polity Press, 2022
จำนวนหน้า
viii, 241 pages ; 22 cm.
หมายเหตุบรรณานุกรม
Includes bibliographical references and index.
หมายเหตุสารบัญ
Introduction : The return of the classical legal tradition -- 1. The common good defined -- 2. The classical legal tradition in America -- 3. Originalism as illusion -- 4. Progressive constitutionalism and developing constitutionalism -- 5. Applications -- Conclusion
สาระสังเขป
The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the 'living constitutionalism' of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as 'a reasoned ordering to the common good.' In this view, law's purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of 'common good constitutionalism.
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