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.
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