The Constitution, the Leviathan, and the Common Good
Constitutional Commentary, Forthcoming
20 Pages Posted: 3 May 2022
Date Written: May 2, 2022
On its face, Adrian Vermeule’s Common Good Constitutionalism appears to do battle with the entire corpus of contemporary legal and constitutional theory. But the conflicts are mostly contrived. Vermeule picks gratuitous fights based on skewed descriptions of generic opponents; meanwhile, although seeking to revive “the classical legal tradition,” he does not systematically defend that tradition at the points where real, substantive disagreements exist. As a result, the book provides little illumination of any of its major themes-- the classical legal tradition, the American Constitution, or contemporary constitutional theory.
Keywords: constitutional theory, classical legal tradition, American Constitution, legal positivism
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