Author Vermeule, Adrian, 1968- author
Title Common good constitutionalism : recovering the classical legal tradition / Adrian Vermeule
Imprint Cambridge, UK : Polity Press, 2022
book jacket
 人文社會聯圖  KF4550 .V46 2022    AVAILABLE    30660020262510
 Euro-Am Studies Lib  342.73 V591co 2022    DUE 05-05-24  -  30500101575853
 RCHSS Library  KF4550 V46 2022    DUE 07-03-23    30560400700404
Descript viii, 247 pages ; 22 cm
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Note Includes bibliographical references and index
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 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
Subject Constitutional law -- United States -- Philosophy