A Constitution For The Common Good
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Common Good Constitutionalism
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Author : Adrian Vermeule
language : en
Publisher: John Wiley & Sons
Release Date : 2022-02-08
Common Good Constitutionalism written by Adrian Vermeule and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-08 with Political Science categories.
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.
The State Justice And The Common Good
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Author : Bernard James Diggs
language : en
Publisher:
Release Date : 1998
The State Justice And The Common Good written by Bernard James Diggs and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
The Common Good
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Author : Amitai Etzioni
language : en
Publisher: Polity
Release Date : 2004-06-07
The Common Good written by Amitai Etzioni and has been published by Polity this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-06-07 with Political Science categories.
In this book, Amitai Etzioni, public intellectual and leading proponent of communitarian values, defends the view that no society can flourish without a shared obligation to "the common good." Rejecting claims made by some liberal thinkers that it is not possible to balance individual rights with uncoerced civic responsibility, Etzioni explores a number of key issues which pose important questions for those concerned with promoting the common good in contemporary society. Are we morally obliged to do more for our communities beyond treating everyone as endowed with basic rights? Should privacy be regarded not merely as a right but also as an obligation? And should the right to free speech take priority over the need to protect children from harmful material in the media and on the internet? Etzioni asks how we can strike a healthy balance between individual rights and public safety in an age of global terrorism. He evaluates various new government devices, from wiretaps to viruses, which open our lives to public scrutiny. Particular attention is given to the issues surrounding government-issued DNA tests. The book concludes by questioning whether we can still talk of a relationship between the common good and the nation-state, or whether the "online" society in which we live will make it increasingly difficult to maintain those communities which are the very homeland of the common good. This new book, by one of the world's leading social and political thinkers, will be important reading for students and scholars of political science, social philosophy, sociology, and public policy, as well as for the interested general reader.
Uncovering The Constitution S Moral Design
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Author : Paul R. DeHart
language : en
Publisher: University of Missouri Press
Release Date : 2007
Uncovering The Constitution S Moral Design written by Paul R. DeHart and has been published by University of Missouri Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
The U.S. Constitution provides a framework for our laws, but what does it have to say about morality? Paul DeHart ferrets out that document's implicit moral assumptions as he revisits the notion that constitutions are more than merely practical institutional arrangements. In Uncovering the Constitution's Moral Design, he seeks to reveal, elaborate, and then evaluate the Constitution's normative framework to determine whether it is philosophically sound-and whether it makes moral assumptions that correspond to reality. Rejecting the standard approach of the intellectual historian, DeHart for the first time in constitutional theory applies the method of inference to the best explanation to ascertaining our Constitution's moral meaning. He distinguishes the Constitution's intention from the subjective intentions of the framers, teasing out presuppositions that the document makes about the nature of sovereignty, the common good, natural law, and natural rights. He then argues that the Constitution constrains popular sovereignty in a way that entails a real common good, transcendent of human willing and promotive of human well-being, but he points out that while the Constitution presupposes a real common good, it also implies a natural law that prescribes the common good. In critiquing previous attempts at describing and evaluating the Constitution's normative framework, DeHart demonstrates that the Constitution's moral framework corresponds largely to classical moral theory. He challenges the logical coherency of modern moral philosophy, normative positivism, and other theories that the Constitution has been argued to embody and offers a groundbreaking methodology that can be applied to uncovering the normative framework of other constitutions as well. This cogently argued study shows that the Constitution presupposes a natural law to which human law must conform, and it takes a major step in resolving current debates over the Constitution's normative framework while remaining detached from the social issues that divide today's political arena. Uncovering the Constitution's Moral Design is an original approach to the Constitution that marks a significant contribution to understanding the moral underpinnings of our form of government.
The Cambridge Companion To Aristotle S Politics
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Author : Marguerite Deslauriers
language : en
Publisher: Cambridge University Press
Release Date : 2013-08-29
The Cambridge Companion To Aristotle S Politics written by Marguerite Deslauriers and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-29 with Philosophy categories.
One of the most influential works in the history of political theory, Aristotle's Politics is a treatise in practical philosophy, intended to inform legislators and to create the conditions for virtuous and self-sufficient lives for the citizens of a state. In this Companion, distinguished scholars offer new perspectives on the work and its themes. After an opening exploration of the relation between Aristotle's ethics and his politics, the central chapters follow the sequence of the eight books of the Politics, taking up questions such as the role of reason in legitimizing rule, the common good, justice, slavery, private property, citizenship, democracy and deliberation, unity, conflict, law and authority, and education. The closing chapters discuss the interaction between Aristotle's political thought and contemporary democratic theory. The volume will provide a valuable resource for those studying ancient philosophy, classics, and the history of political thought.
Constitutional Ethos
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Author : Alexander Tsesis
language : en
Publisher: Oxford University Press
Release Date : 2017-02-27
Constitutional Ethos written by Alexander Tsesis and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-27 with Law categories.
Judges, courts, and scholars in the United States agree that the Constitution is the supreme law of the land, but there is much disagreement about its meaning. So what seems to be incontestable truth is riddled with disagreements about every day questions of decision making on matter such as whether people are entitled to government created programs, what rights are fundamental, the criteria for voting, the three branches of governments' several responsibilities, and even who should have the final say in defining the Constitution's meaning. Constitutional Ethos is a groundbreaking investigation into the fundamental principles of constitutional principle, meaning, and interpretation. It explores the core purposes of American representative democracy in light of historical sources, recent precedents, and contemporary debates. Alexander Tsesis argues that a central norm of U.S. law can be derived from the Declaration of Independence and Preamble. This book develops a theory of constitutional law structured on the public duty to protect individual rights for the general welfare. The maxim of constitutional governance synthesizes the protection of individual and public rights. The ideal is neither solely theoretical nor customary but tied to a firm foundation that the people then build upon by lobbying elected officials and petitioning appointed judges. Representative government has an interlinked obligation to the individual and the general welfare. This paradigm for responsible governance sets the baseline against which citizens can hold policy makers accountable to the structural and normative commitments of the Constitution. A pluralistic system must respect human dignity and govern for the betterment of the body politic. Those mandates set the terms for exercising legitimate power at the federal, state, and local levels to protect individual rights to achieve the common good of civil society. Tsesis demonstrates that ethos is binding on the conduct of all three branches of government and their officeholders. His argument challenges the more common U.S. perspective among academics and judges, who typically discount the existence of any objective constitutional value, regarding the document as a construct of social norms. To the contrary, Tsesis shows that the people established the terms of the nation's founding documents to protect universal, unalienable rights. The structure of government provides the mechanisms of those in a pluralistic state to set reasonable limitations for the betterment of society as a whole. Understanding the Constitution's special place in American legal culture is essential for resolving a host of contemporary issues; including, those involving marital, gender, and voting equalities. The state is a means of optimizing the well-being of individuals. Human productivity can best flourish in a society of equals, where talents can be brought to bear in the betterment of self and other members of the community. The Constitution does not create rights but protects those universal ideals of representative democracy first set out in the Declaration of Independence. It further grants authority to political institutions for the enforcement of policies and concrete laws for the betterment of society or some relevant segment of it. Many scholars with leanings in legal realism and process theory believe the authority of government is a social construct created by popular majorities; Tsesis convincingly demonstrates, to the contrary, that even those laws enacted by popular majorities are not authoritative unless they accord with a central maxim of constitutionalism, which is the protection of individual rights for the common good.
The Common Good
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Author : Robert B. Reich
language : en
Publisher: Vintage
Release Date : 2018-02-20
The Common Good written by Robert B. Reich and has been published by Vintage this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-20 with Philosophy categories.
Robert B. Reich makes a powerful case for the expansion of America’s moral imagination. Rooting his argument in common sense and everyday reality, he demonstrates that a common good constitutes the very essence of any society or nation. Societies, he says, undergo virtuous cycles that reinforce the common good as well as vicious cycles that undermine it, one of which America has been experiencing for the past five decades. This process can and must be reversed. But first we need to weigh the moral obligations of citizenship and carefully consider how we relate to honor, shame, patriotism, truth, and the meaning of leadership. Powerful, urgent, and utterly vital, this is a heartfelt missive from one of our foremost political thinkers.
The Constitution Of Good Societies
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Author : Karol Edward Soltan
language : en
Publisher: Penn State Press
Release Date : 2010-11-01
The Constitution Of Good Societies written by Karol Edward Soltan and has been published by Penn State Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-01 with Political Science categories.
A Constitution For The Common Good
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Author : W. Elliot Bulmer
language : en
Publisher:
Release Date : 2015
A Constitution For The Common Good written by W. Elliot Bulmer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Civil rights categories.
This book sets out a vision for how Scotland could reconstitute itself. It emphasises the connection between the constitution, democracy and the common good, arguing that democratic self-government is the true prize, regardless of the relationship of Scotland to the rest of the UK.
The One And The Many
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Author : Martin E. Marty
language : en
Publisher: Harvard University Press
Release Date : 1997
The One And The Many written by Martin E. Marty and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Political Science categories.
E pluribus unum no longer holds. Out of the many have come as many claims and grievances, all at war with the idea of one nation undivided. The damage thus done to our national life, as too few Americans seek a common good, is Martin Marty's concern. His book is an urgent call for repair and a personal testament toward resolution. A world-renowned authority on religion and ethics in America, Marty gives a judicious account (itself a rarity and a relief in our day of uncivil discourse) of how the body politic has been torn between the imperative of one people, one voice, and the separate urgings of distinct identities--racial, ethnic, religious, gendered, ideological, economic. Foreseeing an utter deadlock in public life, with devastating consequences, if this continues, he envisions steps we might take to carry America past the new turbulence. While the grand story of oneness eludes us (and probably always will), Marty reminds us that we do have a rich, ever-growing, and ever more inclusive repertory of myths, symbols, histories, and, most of all, stories on which to draw. He pictures these stories, with their diverse interpretations, as part of a conversation that crosses the boundaries of groups. Where argument polarizes and deafens, conversation is open ended, guided by questions, allowing for inventiveness, fair play, and dignity for all. It serves as a medium in Marty's broader vision, which replaces the restrictive, difficult, and perhaps unattainable ideal of "community" with the looser, more workable idea of "association." An "association of associations" is what Marty contemplates, and for the spirit and will to promote it he looks to eighteenth-century motifs of sentiment and affection, convergences of intellect and emotion that develop from shared experience. And as this book so eloquently reminds us, America, however diverse, is an experience we all share.