John Wiley & Sons Common Good Constitutionalism Cover The way that Americans understand their Constitution and wider legal tradition has been dominated in.. Product #: 978-1-5095-4887-3 Regular price: $17.66 $17.66 In Stock

Common Good Constitutionalism

Vermeule, Adrian

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1. Edition April 2022
270 Pages, Softcover
Wiley & Sons Ltd

ISBN: 978-1-5095-4887-3
John Wiley & Sons

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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."

This erudite and brilliantly original book is a vital intervention in America's most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.

ACKNOWLEDGMENTS

INTRODUCTION: THE RETURN OF THE CLASSICAL LEGAL TRADITION

I. THE COMMON GOOD DEFINED

II. THE CLASSICAL LEGAL TRADITION IN AMERICA

III. ORIGINALISM AS ILLUSION

IV. PROGRESSIVE CONSTITUTIONALISM AND DEVELOPING CONSTITUTIONALISM

V. APPLICATIONS

CONCLUSION
"Elegant, insightful, magisterial: Adrian Vermeule has written an instant classic of scholarship, exposing the poverty of today's prevailing legal theories, left and right, and pointing us to a better alternative - one as vibrant and radical as the Western tradition."
Sohrab Ahmari, bestselling author of The Unbroken Thread and From Fire, by Water

"This is the most important book of American constitutional theory in many decades. Common Good Constitutionalism is a bolt from the blue that challenges conservative and progressive constitutional law paradigms alike. It is destined to infuriate, and to reorient."
Jack Goldsmith, Learned Hand Professor of Law, Harvard University
Adrian Vermeule is Ralph S. Tyler, Jr. Professor of Constitutional Law at Harvard Law School.