Common good constitutionalism : recovering the classical legal tradition / Adrian Vermeule.
2022
KF4550 .V465 2022 (Map It)
On loan from Cellar, due 16. May 2025
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Details
Title
Common good constitutionalism : recovering the classical legal tradition / Adrian Vermeule.
Published
Cambridge, UK : Polity Press, 2022.
Copyright
©2022
Call Number
KF4550 .V465 2022
ISBN
9781509548873 (paperback)
1509548874 (paperback)
9781509548866 (hardback)
1509548866 (hardback)
1509548874 (paperback)
9781509548866 (hardback)
1509548866 (hardback)
Description
viii, 241 pages ; 22 cm
System Control No.
(OCoLC)1266642815
Summary
"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.'"-- Back cover.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Introduction: The return of the classical legal tradition
The common good defined
The classical legal tradition in America
Originalism as illusion
Progressive constitutionalism and developing constitutionalism
Applications
Conclusion.
The common good defined
The classical legal tradition in America
Originalism as illusion
Progressive constitutionalism and developing constitutionalism
Applications
Conclusion.