This Review proceeds in three Parts. Part I briefly summarizes Common Good Constitutionalism and provides a more detailed description of four of the book’s distinctive features. Part II critiques Vermeule’s argument in light of the classical tradition’s four essential aspects of law, namely that it is an ordinance of reason, for the common good, made by one who has care of the community, and promulgated. Part III draws on those reflections to respond to Vermeule’s criticisms of work like ours that argues that original-law-based understandings of the Constitution are at home in the classical legal tradition. A Conclusion briefly reflects on the choices facing the classical natural lawyer in the American constitutional order going forward
In 1998, legal historian William M. Wiecek published a book outlining the basic legal ideology that ...
Natural law has had many meanings and diversified interpretations. Whether in the form of jus natura...
After years of relative neglect, the past few decades have witnessed a dramatic renewal of interest ...
This Review proceeds in three Parts. Part I briefly summarizes Common Good Constitutionalism and pro...
On its face, Adrian Vermeule’s Common Good Constitutionalism appears to do battle with the entire co...
In this review, I explain how Common Good Constitutionalism taps into a deficiency of the conserva...
One recurring call over a century of American constitutional thought is for return to a classical ...
Constitutional theorists on the right are engaged in a debate about the moral foundations of origina...
One of Chicago’s Best Ideas, developed by Professor David Strauss, is that our constitutional law de...
Ce travail propose une interprétation d’ensemble de la théorie du droit et de la théorie du contrôle...
The author argues that the aretaic turn in constitutional theory is an institutional approach to th...
Constitutional Law is “tough law.” It is tough to master – tough to teach and tough to learn. Ther...
This article examines the common law backgrounds of late nineteenth and early twentieth century Amer...
This article reviews David Strauss’s recent book, The Living Constitution. The thesis of Strauss’s b...
I share with Fred Schauer the relatively unpopular belief that the positivist insistence that we kee...
In 1998, legal historian William M. Wiecek published a book outlining the basic legal ideology that ...
Natural law has had many meanings and diversified interpretations. Whether in the form of jus natura...
After years of relative neglect, the past few decades have witnessed a dramatic renewal of interest ...
This Review proceeds in three Parts. Part I briefly summarizes Common Good Constitutionalism and pro...
On its face, Adrian Vermeule’s Common Good Constitutionalism appears to do battle with the entire co...
In this review, I explain how Common Good Constitutionalism taps into a deficiency of the conserva...
One recurring call over a century of American constitutional thought is for return to a classical ...
Constitutional theorists on the right are engaged in a debate about the moral foundations of origina...
One of Chicago’s Best Ideas, developed by Professor David Strauss, is that our constitutional law de...
Ce travail propose une interprétation d’ensemble de la théorie du droit et de la théorie du contrôle...
The author argues that the aretaic turn in constitutional theory is an institutional approach to th...
Constitutional Law is “tough law.” It is tough to master – tough to teach and tough to learn. Ther...
This article examines the common law backgrounds of late nineteenth and early twentieth century Amer...
This article reviews David Strauss’s recent book, The Living Constitution. The thesis of Strauss’s b...
I share with Fred Schauer the relatively unpopular belief that the positivist insistence that we kee...
In 1998, legal historian William M. Wiecek published a book outlining the basic legal ideology that ...
Natural law has had many meanings and diversified interpretations. Whether in the form of jus natura...
After years of relative neglect, the past few decades have witnessed a dramatic renewal of interest ...