Common Good Constitutionalism

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.

Law and the Limits of Reason asks "what are the consequences of recognizing the limits of reason within the legal system?" In particular, what are the consequences for the allocation of lawmaking authority among judges, legislators, and administrative agencies or executive officials? Vermeule examines the conditions under which the limits of reason support a greater or lesser allocation of authority to one institution or another.

The Common Good of Constitutional Democracy offers a rich collection of essays in political philosophy by Swiss philosopher Martin Rhonheimer. Like his other books in both ethical theory and applied ethics, which have recently been published in English, the essays included are distinguished by the philosophical rigor and meticulous attention to the primary and secondary literature of the various topics discussed

Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. In this 2006 book, Mark C. Murphy argues that the central thesis of natural law jurisprudence - that law is backed by decisive reasons for compliance - sets the agenda for natural law political philosophy, demonstrating how law gains its binding force by way of the common good of the political community. Murphy's work ranges over the central questions of natural law jurisprudence and political philosophy, including the formulation and defense of the natural law jurisprudential thesis, the nature of the common good, the connection between the promotion of the common good and requirement of obedience to law, and the justification of punishment.

Elliot Bulmer argues that if we wish to enjoy a flourishing life in a free and socially just Scotland then we need a 'Constitution for everyone': a Constitution that is directed towards the common good, not the particular privileges of the powerful or of vested interests. Such a Constitution would facilitate all citizens to engage in an open and pluralist democratic process through which the common good - in all its plurality and variability, nuance and flexibility - can be identified and defended.

This cutting-edge text offers an introduction to the emerging field of media archaeology and analyses the innovative theoretical and artistic methodology used to excavate current media through its past. Written with a steampunk attitude, What is Media Archaeology? examines the theoretical challenges of studying digital culture and memory and opens up the sedimented layers of contemporary media culture. The author contextualizes media archaeology in relation to other key media studies debates including software studies, German media theory, imaginary media research, new materialism and digital humanities. What is Media Archaeology? advances an innovative theoretical position while also presenting an engaging and accessible overview for students of media, film and cultural studies. It will be essential reading for anyone interested in the interdisciplinary ties between art, technology and media.

In The Constitutional Balance Sir John Laws has left a vivid and timely commentary on one of the most pressing issues in the legal world today. The debate continues whether or not judges venture too far into issues of Government policy, and whether or not there are any limits on the power of the executive and the legislature to propose and enact legislation that unduly restricts fundamental freedoms in a democratic society subject to the rule of law. Sir John Laws examines the relationship between constitutional fundamentals and values. He finds basic ideals of reason, fairness and the presumption of liberty in the common law, and recognises that a democratically accountable executive and legislature must be able to make policy and enact and implement legislation to pursue social goals. The courts then interpret the laws. As Sir John puts it – “The meeting of Parliament and the common law, in the crucible of statutory interpretation, is close to the core of [the constitutional balance]”. These fundamental values can compete with each other, giving rise to tensions within and between key state institutions, in particular the executive and the judiciary. A 'constitutional balance' between them must be found if the constitution is to function properly, each institution is to understand the proper extent and limits of its authority, and the rule of law is to be maintained. Sir John draws on his life-long experience as a barrister, judge and academic, and on case-law and learning, to explain in vibrant and engaging terms how such a 'constitutional balance' might be achieved.

Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.